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Ministry of Commerce promulgated "Regulations on the List of Unreliable Entities

 Last Update: 2022-06-20
 Source: Internet
 Author: User

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On September 19 , with the approval of the State Council, the Ministry of Commerce promulgated the "Regulations on the List of Unreliable Entities", which came into effect on the date of promulgation.

List of unreliable entitiesList of unreliable entities

Article 1 In order to safeguard national sovereignty, security, and development interests, maintain a fair and free international economic and trade order, and protect the legitimate rights and interests of Chinese enterprises, other organizations or individuals, in accordance with the "Foreign Trade Law of the People's Republic of China" and "National Security of the People's Republic of China" Law” and other relevant laws, formulate these regulations.

Article 2 The state establishes an unreliable entity list system and takes corresponding measures against the following behaviors of foreign entities in international economic and trade and related activities:

( 1 ) Endangering China's national sovereignty, security, and development interests ;

( 2 ) Violating the principles of normal market transactions, interrupting normal transactions with Chinese enterprises, other organizations or individuals, or adopting discriminatory measures against Chinese enterprises, other organizations or individuals, seriously damaging the lawful rights and interests of Chinese enterprises, other organizations or individuals.

The foreign entities mentioned in these regulations include foreign enterprises, other organizations or individuals.

Article 3 The Chinese government adheres to an independent foreign policy, adheres to the basic principles of international relations such as mutual respect for sovereignty, non-interference in each other’s internal affairs, equality and mutual benefit, opposes unilateralism and protectionism, resolutely safeguards the country’s core interests, safeguards the multilateral trading system, and promotes construction Open world economy.

Article 4 The state establishes a working mechanism ( hereinafter referred to as the working mechanism ) in which relevant departments of the central state organs participate , and is responsible for the organization and implementation of the unreliable entity list system.

Article 5 The working mechanism decides whether to investigate the conduct of the relevant foreign entity in accordance with its authority or based on the suggestions and reports of relevant parties ; if it decides to conduct an investigation, it shall be announced.

Article 6: The working mechanism investigates the behavior of relevant foreign entities, and may adopt inquiring relevant parties, consulting or copying relevant documents and materials, and other necessary methods.

The working mechanism may decide to suspend or terminate the investigation based on the actual situation ; if the facts on which the decision to suspend the investigation is based change significantly, the investigation may be resumed.

Article 7 The working mechanism shall, based on the results of the investigation and comprehensively consider the following factors, make a decision on whether to include the relevant foreign entity in the list of unreliable entities, and make an announcement:

( 1 ) The degree of harm to China's national sovereignty, security, and development interests ;

( 2 ) The degree of damage to the lawful rights and interests of Chinese enterprises, other organizations or individuals ;

( 3 ) Whether it complies with internationally accepted economic and trade rules ;

( 4 ) Other factors that should be considered.

Article 8 If the facts about the behavior of a foreign entity are clear, the working mechanism may directly and comprehensively consider the factors specified in Article 7 of these regulations to make a decision on whether to include it in the list of unreliable entities ; if it is decided to be included, it shall be announced.

Article 9 The announcement of the inclusion of a foreign entity on the list of unreliable entities may indicate the risks of transactions with the foreign entity, and may clarify the time limit for the foreign entity to correct its behavior based on the actual situation.

Article 10 For foreign entities included in the list of unreliable entities, the working mechanism may, based on actual conditions, decide to take one or more of the following measures ( hereinafter referred to as handling measures ) and make an announcement:

( 1 ) Restrict or prohibit them from engaging in import and export activities related to China ;

( 2 ) Restrict or prohibit its investment in China ;

( 3 ) Restricting or prohibiting the entry of related personnel, transportation vehicles, etc .
;

( 4 ) Restrict or cancel the work permit, stay or residence qualification of relevant personnel in China ;

( 5 ) Impose a corresponding amount of fines according to the severity of the circumstances ;

( 6 ) Other necessary measures.

The handling measures specified in the preceding paragraph shall be implemented by relevant departments in accordance with the division of responsibilities in accordance with the law, and other relevant entities and individuals shall cooperate in the implementation.

Article 11 If the announcement on the inclusion of the foreign entity in the list of unreliable entities specifies the time limit for the correction of the foreign entity, the handling measures specified in Article 10 of these Regulations shall not be taken within the time limit ; the foreign entity shall not correct its behavior within the time limit.
, And take measures to deal with it in accordance with Article 10 of these regulations.

Article 12 If the relevant foreign entity is restricted or prohibited from engaging in import and export activities related to China, and Chinese enterprises, other organizations or individuals need to conduct transactions with the foreign entity under special circumstances, they shall apply to the Office of the Working Mechanism.
Agree to conduct corresponding transactions with the foreign entity.

Article 13 The working mechanism may decide to remove the relevant foreign entity from the list of unreliable entities based on actual conditions ; if the relevant foreign entity corrects its behavior and takes measures to eliminate the consequences of the behavior within the time limit specified in the announcement, the working mechanism shall make a decision to remove It was removed from the list of unreliable entities.

Relevant foreign entities can apply to remove them from the list of unreliable entities, and the working mechanism determines whether to remove them based on actual conditions.

The decision to remove the relevant foreign entity from the list of unreliable entities shall be announced ; the handling measures taken in accordance with Article 10 of these Regulations shall cease to be implemented from the date of the announcement.

Article 14 These regulations shall come into force on the date of promulgation.

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