The Ministry of Commerce's "Unreliable Physical Listing Mechanism" released the first
- Author:Elena
- Release Date:2023-02-20
Unreliable entity list work mechanism announcement No. 1 No. 1, No. 1, 1
In order to safeguard national sovereignty, security, and development interests, in accordance with the relevant laws such as the People's Republic of China and the National Security Law of the People's Republic of China and the National Security Law of the People's Republic of China, the work mechanism of the unreliable entity list shall be based on Article 2 and No. 2 and No. 2 of the "Unreliable Sports List".Article 8 and Article 10 of the regulations have decided to include Lockheed Martin Corporation, Raytheon Missiles & Defense, which are involved in the military sales of Taiwan.Treatment measures:
1. It is forbidden for the above -mentioned enterprises to engage in import and export activities related to China;
2. It is forbidden to put investment in China in China;
3. It is forbidden to enter the country with senior management personnel of the above -mentioned enterprises;
Fourth, do not approve and cancel the above -mentioned senior managers of the company's work permits, stay and residence qualifications in China;
5. The above -mentioned enterprises are fined separately, and the amount is twice the amount of various enterprises on the Taiwan military sales contract since the implementation of the "Unreliable Entitution List Regulations".The above -mentioned enterprises shall pay the payment in accordance with relevant laws and regulations within 15 days from the date of the announcement of this announcement.If this decision is not fulfilled after the deadline, the unreliable entity list working mechanism will take measures such as improving fines in accordance with the law.
This announcement has not been performed in accordance with the "Unreliable Entitution Listing Regulations".
This announcement is implemented from the date of announcement.
Unreliable entity list working mechanism
(Republic of Commerce)
February 16, 2023
The Ministry of Commerce's "Unreliable Physical Listing Mechanism" released the first list
Ministry of Commerce Order No. 4 in 2020
Unreliable entity list regulations
Article 1 In order to safeguard national sovereignty, security, development interests, safeguard the 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 "People's Republic of China Foreign Trade Law" and "National People's Republic of China National SecurityThese regulations are formulated.
Article 2 The state establishes an unreliable entity list system, and takes corresponding measures to the following behaviors of foreign entities in international economic and trade and related activities:
(1) endangers China's national sovereignty, security, and development interests;
(2) In violation of normal market transaction principles, interrupt normal transactions with Chinese enterprises, other organizations or individuals, or discrimination measures to Chinese enterprises, other organizations or individuals, seriously damage the legitimate rights and interests of Chinese enterprises, other organizations or individuals.
The foreign entities mentioned in these regulations include foreign companies, other organizations or individuals.
Article 3 The Chinese government adheres to the independent foreign policy, adheres to the basic criteria of international relations such as mutual respect for sovereignty, non -interfering with the peace and benefit of the internal affairs, and opposes unilateralism and protectionism.Open world economy.
Article 4 The working mechanism (hereinafter referred to as the working mechanism) of the relevant departments of the central state organs shall be responsible for the organization and implementation of the unreliable entity list system.The work mechanism office is located in the competent business department of the State Council.
Article 5 The working mechanism shall decide whether to investigate whether the behavior of foreign entities shall be investigated in accordance with its authority or the suggestions and reports of relevant parties; if it is decided to investigate, it will be announced.
Article 6 The working mechanism can investigate the behavior of foreign entities, and may take to inquire about the parties, check or copy relevant documents, materials, and other necessary methods.During the investigation, foreign entities can state and defense.
The working mechanism may decide to suspend or terminate the investigation according to the actual situation; if the facts that the investigation decision decides has undergone major changes, the investigation may be restored.
Article 7 The working mechanism is based on the results of the investigation and comprehensively considering the following factors, and make a decision whether to include foreign entities in the unreliable entity list and announce it:
(1) The degree of harm to China's national sovereignty, security, and development benefits;
(2) The degree of damage to the legitimate rights and interests of Chinese enterprises, other organizations or individuals;
(3) Whether it is in line with international economic and trade rules;
(4) Other factors that should be considered.
Article 8 If the facts of the behavior of foreign entities are clear, the working mechanism may directly consider the factors stipulated in Article 7 of these regulations, and make a decision to include it in the list of unreliable entities; if the decision is included, it will be announced.
Article 9 In the announcement of foreign entities in a list of unreliable entities, the risk of transaction with the foreign entity may be prompted, and according to the actual situation, it is clear that the foreign entity corrected the term of its behavior.
Article 10 For foreign entities that are included in the unreliable entity list, the working mechanism may decide to take the following or more measures (hereinafter referred to as processing measures) and announce it:
(1) Restriction or prohibiting them from engaging in import and export activities related to China;
(2) Restriction or prohibiting it from investing in China;
(3) Restricting or prohibiting their relevant personnel, transportation tools, etc.
(4) Limit or cancel the qualifications for work permits, stays or residence in China in China;
(5) Feming the corresponding amount according to the weight of the circumstances;
(6) Other necessary measures.
The handling measures stipulated in the preceding paragraph shall be implemented by the relevant departments in accordance with the division of responsibilities according to law, and other relevant units and individuals shall cooperate with the implementation.
Article 11 If the announcement of foreign entities in an unreliable entity list states that the correction period of foreign entities is clear, it shall not take the treatment measures stipulated in Article 10 of these regulations within the period;In accordance with the provisions of Article 10 of these regulations, deal with them.
Article 12 If foreign entities are restricted or prohibited from import and export activities related to China, Chinese enterprises, other organizations or individuals who do need to trade with the foreign entities under special circumstances, shall apply to the work mechanism office.Agree with the corresponding transaction with the foreign entity.
Article 13 The working mechanism can decide to remove the relevant foreign entities out of the unreliable entity list according to the actual situation; if the foreign entities corrected their behavior within the clear correction period of the announcement and take measures to eliminate the consequences of the behavior.Its unreliable entity list is removed.
Regarding foreign entities can apply for a list of unreliable entities, and the working mechanism decides whether to remove it out according to the actual situation.
The decision to remove the unreliable entity list of foreign entities shall be announced; from the date of the announcement, the treatment measures adopted in accordance with Article 10 of these regulations will be stopped and implemented.
Article 14 These regulations shall be implemented from the date of announcement.
In order to safeguard national sovereignty, security, and development interests, in accordance with the relevant laws such as the People's Republic of China and the National Security Law of the People's Republic of China and the National Security Law of the People's Republic of China, the work mechanism of the unreliable entity list shall be based on Article 2 and No. 2 and No. 2 of the "Unreliable Sports List".Article 8 and Article 10 of the regulations have decided to include Lockheed Martin Corporation, Raytheon Missiles & Defense, which are involved in the military sales of Taiwan.Treatment measures:
1. It is forbidden for the above -mentioned enterprises to engage in import and export activities related to China;
2. It is forbidden to put investment in China in China;
3. It is forbidden to enter the country with senior management personnel of the above -mentioned enterprises;
Fourth, do not approve and cancel the above -mentioned senior managers of the company's work permits, stay and residence qualifications in China;
5. The above -mentioned enterprises are fined separately, and the amount is twice the amount of various enterprises on the Taiwan military sales contract since the implementation of the "Unreliable Entitution List Regulations".The above -mentioned enterprises shall pay the payment in accordance with relevant laws and regulations within 15 days from the date of the announcement of this announcement.If this decision is not fulfilled after the deadline, the unreliable entity list working mechanism will take measures such as improving fines in accordance with the law.
This announcement has not been performed in accordance with the "Unreliable Entitution Listing Regulations".
This announcement is implemented from the date of announcement.
Unreliable entity list working mechanism
(Republic of Commerce)
February 16, 2023
The Ministry of Commerce's "Unreliable Physical Listing Mechanism" released the first list
Ministry of Commerce Order No. 4 in 2020
Unreliable entity list regulations
Article 1 In order to safeguard national sovereignty, security, development interests, safeguard the 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 "People's Republic of China Foreign Trade Law" and "National People's Republic of China National SecurityThese regulations are formulated.
Article 2 The state establishes an unreliable entity list system, and takes corresponding measures to the following behaviors of foreign entities in international economic and trade and related activities:
(1) endangers China's national sovereignty, security, and development interests;
(2) In violation of normal market transaction principles, interrupt normal transactions with Chinese enterprises, other organizations or individuals, or discrimination measures to Chinese enterprises, other organizations or individuals, seriously damage the legitimate rights and interests of Chinese enterprises, other organizations or individuals.
The foreign entities mentioned in these regulations include foreign companies, other organizations or individuals.
Article 3 The Chinese government adheres to the independent foreign policy, adheres to the basic criteria of international relations such as mutual respect for sovereignty, non -interfering with the peace and benefit of the internal affairs, and opposes unilateralism and protectionism.Open world economy.
Article 4 The working mechanism (hereinafter referred to as the working mechanism) of the relevant departments of the central state organs shall be responsible for the organization and implementation of the unreliable entity list system.The work mechanism office is located in the competent business department of the State Council.
Article 5 The working mechanism shall decide whether to investigate whether the behavior of foreign entities shall be investigated in accordance with its authority or the suggestions and reports of relevant parties; if it is decided to investigate, it will be announced.
Article 6 The working mechanism can investigate the behavior of foreign entities, and may take to inquire about the parties, check or copy relevant documents, materials, and other necessary methods.During the investigation, foreign entities can state and defense.
The working mechanism may decide to suspend or terminate the investigation according to the actual situation; if the facts that the investigation decision decides has undergone major changes, the investigation may be restored.
Article 7 The working mechanism is based on the results of the investigation and comprehensively considering the following factors, and make a decision whether to include foreign entities in the unreliable entity list and announce it:
(1) The degree of harm to China's national sovereignty, security, and development benefits;
(2) The degree of damage to the legitimate rights and interests of Chinese enterprises, other organizations or individuals;
(3) Whether it is in line with international economic and trade rules;
(4) Other factors that should be considered.
Article 8 If the facts of the behavior of foreign entities are clear, the working mechanism may directly consider the factors stipulated in Article 7 of these regulations, and make a decision to include it in the list of unreliable entities; if the decision is included, it will be announced.
Article 9 In the announcement of foreign entities in a list of unreliable entities, the risk of transaction with the foreign entity may be prompted, and according to the actual situation, it is clear that the foreign entity corrected the term of its behavior.
Article 10 For foreign entities that are included in the unreliable entity list, the working mechanism may decide to take the following or more measures (hereinafter referred to as processing measures) and announce it:
(1) Restriction or prohibiting them from engaging in import and export activities related to China;
(2) Restriction or prohibiting it from investing in China;
(3) Restricting or prohibiting their relevant personnel, transportation tools, etc.
(4) Limit or cancel the qualifications for work permits, stays or residence in China in China;
(5) Feming the corresponding amount according to the weight of the circumstances;
(6) Other necessary measures.
The handling measures stipulated in the preceding paragraph shall be implemented by the relevant departments in accordance with the division of responsibilities according to law, and other relevant units and individuals shall cooperate with the implementation.
Article 11 If the announcement of foreign entities in an unreliable entity list states that the correction period of foreign entities is clear, it shall not take the treatment measures stipulated in Article 10 of these regulations within the period;In accordance with the provisions of Article 10 of these regulations, deal with them.
Article 12 If foreign entities are restricted or prohibited from import and export activities related to China, Chinese enterprises, other organizations or individuals who do need to trade with the foreign entities under special circumstances, shall apply to the work mechanism office.Agree with the corresponding transaction with the foreign entity.
Article 13 The working mechanism can decide to remove the relevant foreign entities out of the unreliable entity list according to the actual situation; if the foreign entities corrected their behavior within the clear correction period of the announcement and take measures to eliminate the consequences of the behavior.Its unreliable entity list is removed.
Regarding foreign entities can apply for a list of unreliable entities, and the working mechanism decides whether to remove it out according to the actual situation.
The decision to remove the unreliable entity list of foreign entities shall be announced; from the date of the announcement, the treatment measures adopted in accordance with Article 10 of these regulations will be stopped and implemented.
Article 14 These regulations shall be implemented from the date of announcement.