Regulations Governing The Export Restrictions On Export Technology

Article 1 in order to promote the development of China's technology exports, these measures are formulated in accordance with the foreign trade law of the People's Republic of China and the regulations on the import and export of technology in People's Republic of China.

The second prohibition of export technology included in the catalogue of technologies for export restriction and export (issued separately) shall not be exported.

The third countries impose restrictions on the licensing of export technologies and related products in the catalogue of technologies for the prohibition of export restriction in China. Where export countries restrict the export of technology and related products, they shall perform export licensing procedures according to these measures.

The fourth is the export license of the export restriction technology, which is stipulated in the third provision of the present measures, shall be managed by the Ministry of foreign trade and Economic Cooperation (hereinafter referred to as the Ministry of foreign trade and economic cooperation) and the Ministry of science and technology.

When the fifth technologies export operators restrict the export technology and related products as stipulated in the third article of these measures, they shall fill in the application for export restriction of China (hereinafter referred to as the "application form", see Appendix 1), and submit it to the Ministry of foreign trade and economic cooperation for export licensing procedures.

Sixth MOFTEC, within 30 working days from the date of receipt of the application, will conduct trade examination and technical review with regard to technology export items and decide whether to grant permission.

If the application is unclear, the application materials are incomplete, or other applications do not meet the requirements, the applicant shall revise or supplement the returned applications, and the date when the applicant applies for or supplements the final materials is the date of application.

The seventh trade censorship that restricts export technology should include the following main contents:

(1) whether it is in line with China's foreign trade policy and is conducive to the promotion of foreign trade exports.

(two) whether it is in line with China's industrial export policy and is conducive to promoting the development of national economy;

(three) whether it is in line with China's obligation to undertake foreign commitments.

The eighth technology restriction on export technology should include the following main contents:

(1) whether it endangers national security;

(two) whether it is in line with China's science and technology development policy and is conducive to scientific and technological progress;

(three) whether the export mature industrial technology is in line with China's industrial policy and can promote the production and economic and technological cooperation of large and complete sets of equipment and high-tech products;

Laboratory technology is encouraged to first develop at home, then pform it into industrialization and then export it.

In China, where temporary conversion is not applied, it can be exported under the premise that national interests are not damaged and intellectual property rights are effectively protected.

(four) whether the technology exported is mature and reliable, and has been checked or identified.

If it has not been checked or appraise, but has been proved by production practice, it should be issued by the employing unit.

After the approval of the ninth export applications, the Ministry of foreign trade and Economic Cooperation issued the "People's Republic of China technology export license letter of intent" (hereinafter referred to as the "letter of intent for technology export licensing"), which is uniformly printed and numbered, as shown in schedule two.

The validity of the technology export license is l to 3 years.

When applying for export credit and insurance intention commitments, it is necessary to issue a letter of intent for technology export licensing, and financial and insurance institutions rely on technology.

Tenth no unit or individual may engage in substantive negotiations with foreign countries for the restricted export technology projects without the intent to export technology export license, and shall not make legally binding commitments relating to technology exports.

If the eleventh technology exporters do not sign a technology export contract within the validity period of the technology export license and extend the validity period, they shall apply for extension of the application according to the procedures stipulated in the fifth provision of these measures at least 30 working days before the expiry date.

After signing the technology export contract, the twelfth technology export operators shall hold the "letter of intent for the export of technology export", the copy of the contract, the export list of technical information (documents, data, drawings, other), the equipment export list and the related products export list (see Schedule four or five, six), the legal status certificate of both parties, and apply for the technology export license to the Ministry of foreign trade and economic cooperation.

Thirteenth article

The fourteenth technology export contract restricting export technology shall come into force on the date of issuing the technology export license.

When the fifteenth technology exporters go to the Ministry of foreign trade and economic cooperation to receive the technology export license, they shall log on to the "People's Republic of China technology import and export contract management system" on the China International Electronic Commerce website (http://info.ec.com.cn), and enter it according to the procedures.

After the sixteenth technology export operator obtains the technology export license, if it is necessary to change the contents of the technology export, it shall resume the export license procedures according to the procedures stipulated in these measures.

Seventeenth the state that restricts the export technology export items and the state secret technology export items approved by the Ministry of foreign trade and economic cooperation must issue the technology export license and the relevant list when handling customs matters.

Article eighteenth Whoever violates the provisions of these Measures shall be responsible for the parties concerned and units concerned in accordance with the regulations on the administration of technology import and export of People's Republic of China and other relevant laws and regulations.

The nineteenth export of special technology for national defense industry shall not apply to these measures.

The twentieth measures shall come into force on January 1, 2002.