Order of Ministry of Commerce of the People's Republic of China
No. 4 of the year 2000
The Provisions on the List of Unreliable Entities have been approved by The State Council and are hereby promulgated and shall come into force as of the date of promulgation。
Minister Zhong Shan
September 19, 2020
Unreliable entity list provisions
Article 1 These Provisions are formulated in accordance with the Foreign Trade Law of the People's Republic of China, the National Security Law of the People's Republic of China and other relevant laws in order to safeguard state 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。
Article 2 The State establishes a list system of unreliable entities and takes corresponding measures against the following acts of foreign entities in international economic, trade and related activities:
(1) endangering China's national sovereignty, security and development interests;
(2) Violating normal market trading principles, interrupting normal transactions with Chinese enterprises, other organizations or individuals, or taking discriminatory measures against Chinese enterprises, other organizations or individuals, thus seriously harming the legitimate rights and interests of Chinese enterprises, other organizations or individuals。
The term "foreign entity" as used in these Provisions includes foreign enterprises, other organizations or individuals。
Article 3 The Chinese government adheres to an independent foreign policy, adheres to the basic norms governing 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 upholds core national interests, upholds the multilateral trading system, and promotes the building of an open world economy。
Article 4 The State establishes a working mechanism with the participation of relevant departments of the central state organs (hereinafter referred to as the working mechanism) to be responsible for the organization and implementation of the unreliable entity list system。The industrial machinery office shall be located in the competent department of commerce under The State Council。
Article 5 The working mechanism shall, in accordance with its functions and powers or on the basis of suggestions and reports from relevant parties, decide whether to investigate the conduct of relevant foreign entities;If it decides to conduct an investigation, it shall be announced。
Article 6 The working mechanism may investigate the conduct of relevant foreign entities by questioning the parties concerned, consulting or copying relevant documents and materials, and other necessary means。During the investigation, the foreign entity concerned may make statements and defend itself。
The working mechanism may decide to suspend or terminate the investigation according to the actual situation;If the facts on which the decision to suspend the investigation is based have changed significantly, the investigation may be resumed。
Article 7 The working mechanism shall, based on the results of the investigation and taking into account the following factors, make a decision on whether to include the relevant foreign entity in the list of unreliable entities and announce it:
(1) the extent of the harm to China's national sovereignty, security and development interests;
(2) the extent of damage to the legitimate rights and interests of Chinese enterprises, other organizations or individuals;
(3) Whether it complies with the prevailing international economic and trade rules;
(4) Other factors that should be taken into account。
Article 8 Where the facts of the conduct of the foreign entity concerned are clear, the working mechanism may directly take into account the factors provided for in Article 7 of these provisions and make a decision on whether to include the foreign entity in the list of unreliable entities;Where it is decided to be included, it shall be published。
Article 9 The inclusion of a foreign entity on the list of unreliable entities may indicate the risks of dealing with the foreign entity and may, in the light of the actual situation, specify the time limit for the foreign entity to correct its conduct。
Article 10 For foreign entities listed in the list of unreliable entities, the working mechanism may, in light of the actual situation, decide to take one or more of the following measures (hereinafter referred to as treatment measures) and announce them:
(1) restricting or prohibiting it from engaging in import and export activities related to China;
(2) restricting or prohibiting its investment within China;
(3) restricting or prohibiting the entry of its related personnel, means of transport, etc.;
(4) restrict or cancel the work permit, stay or residence status of its related personnel in China;
(5) to impose a fine of the corresponding amount according to the seriousness of the circumstances;
(6) Other necessary measures。
The handling measures provided for in the preceding paragraph shall be implemented by the relevant departments according to the division of duties, and other relevant units and individuals shall cooperate in the implementation。
Article 11 Where the time limit for the correction of the relevant foreign entity is specified in the announcement of the inclusion of the relevant foreign entity in the list of unreliable entities, the treatment measures provided for in Article 10 of these provisions shall not be taken within the time limit;If the foreign entity concerned fails to correct its conduct within the time limit, measures shall be taken against it in accordance with the provisions of Article 10 of these provisions。
Article 12 Where a relevant foreign entity is restricted or prohibited from engaging in import and export activities related to China, and a Chinese enterprise, other organization or individual really needs to transact with the foreign entity under special circumstances, it shall file an application with the Office of the Working Mechanism and may, upon approval, transact with the foreign entity。
Article 13 The working mechanism may, in light of the actual situation, decide to remove the relevant foreign entity from the list of unreliable entities;Where the foreign entity concerned has corrected its conduct and taken measures to eliminate the consequences of its conduct within the correction period specified in the announcement, the working mechanism shall make a decision to remove it from the list of unreliable entities。
The foreign entity concerned may apply to be removed from the list of unreliable entities, and the working mechanism decides whether to remove it on the basis of the actual situation。
The decision to remove the relevant foreign entity from the list of unreliable entities shall be announced;As of the date of publication of the public announcement, the handling measures taken in accordance with Article 10 of these Provisions shall cease to be implemented。
Article 14 These provisions shall come into force as of the date of promulgation。