Article 63 Any party guilty of acts in violation of the provisions of article 34 of this Law shall be punished pursuant to the provisions of related laws and administrative regulations. In cases where crimes have been constituted, the criminal liability shall be investigated.

 

The authority responsible for foreign trade under the State Council may prohibit violators from engaging in related foreign trade activities for a period of one to three years, starting from the day when the administrative punishment decision or criminal punishment ruling mentioned in the previous paragraph enters into force.

 

Article 64 In cases of prohibition from engaging in related foreign trade activities imposed pursuant to the provisions of articles 61 to 63 of this Law, the Customs shall not handle the customs declaration and clearance formalities for related import and export goods by parties, subject to such prohibition, during the prohibition period on the strength of the prohibition decision made by the authority responsible for foreign trade under the State Council in accordance with the law. Likewise, the foreign exchange administration or designated foreign exchange banks shall not handle the formalities related to foreign exchange settlement and sales for parties subject to prohibition during the prohibition period.

 

Article 65 Personnel serving in authorities responsible for foreign trade according to this Law who commit any neglect of duty, malpractice, irregularities or abuse of power, which constitute criminal offenses, shall be subject to criminal prosecutions pursuant to law; as to those offenses which do not constitute crimes, administrative sanctions shall apply. Personnel serving in the State's foreign trade authorities who extort property from others with job convenience or illegally receive others' property and seek advantages for them in return and thus commit criminal offenses shall be subject to criminal prosecutions in accordance with the Supplementary Decision on the Punishment of Embezzlement and Bribery Crimes; where such conduct does not constitute criminal offenses, administrative sanctions shall apply.

 

Article 66 Parties concerned in foreign trade activities having objections to the specific administrative acts of the authority responsible for foreign trade pursuant to this Law may apply for administrative review or file an administrative lawsuit to the People's Court in accordance with the law.

 

Chapter XI Final Provisions

 

Article 67 In cases where laws or administrative regulations have specific provisions on the foreign trade administration of military articles, fissionable and fusionable materials or materials that are able to be used to produce fissionable and fusionable materials and the import and export administration of cultural articles, the provisions shall apply.

 

Article 68 The State applies flexible measures, provides favourable conditions and convenience to the trade between the areas on the frontier and those of neighbouring countries on the frontier as well as trade among border residents. Detailed rules are to be laid down by the State Council.

 

Article 69 This Law shall not apply to the separate customs territories of the People's Republic of China.

 

Article 70 This Law shall enter into force as of July 1st, 2004.

 

Promulgated by the Standing Committee of the National People's Congress on April 6, 2004.