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Regulations on Techonlogy Import and Export Administration of the People's Republic of China (2002)

Administration of Technology Export

Article 30.   The State encourages exporting well-developed industrialized technology.

Article 31.   Any technology that falls under any of the provisions of Articles 16 or 17 of the Foreign Trade Law is prohibited or restricted from export. The competent foreign trade department under the State Council shall, in conjunction with other relevant departments under the State Council, formulate, regulate and publish catalogues of technologies which are prohibited or restricted from export.

Article 32.   Technology prohibited from export shall not be exported.

Article 33.   Technology restricted from export shall be subject to license administration; and shall not be exported without a license.

Article 34.   To export any technology restricted from export, an application shall be filed with the competent foreign trade department under the State Council.

Article 35.   The competent foreign trade department under the State Council shall, after receipt of a technology export application, examine the technology in respect of which application for export is filed in conjunction with the science and technology administrative department under the State Council, and decide on approval or disapproval within thirty working days from the date of receipt of the application.

Where a technology restricted from export requires confidential examination by the relevant department, the relevant regulations of the State shall be complied with.

Article 36.   Where an application for technology export is approved, the competent foreign trade department under the State Council shall issue a letter of intent for licensing the technology export. After obtaining the letter of intent for licensing the technology export, the applicant may begin substantive negotiation, and conclude a contract for the technology export.

Article 37.   After concluding a technology export contract, the applicant shall submit to the competent foreign trade department under the State Council the following documents in applying for a license for the exporting technology:

(1) a letter of intent for licensing the technology export;

(2) a copy of the technology export contract;

(3) a list of technical information relating to the export; and

(4) any regulatory document certifying the legal status of the two parties to the contract.

The competent foreign trade department under the State Council examines the authenticity of the technology export contract, and decides, within fifteen working days from the date of receipt of the documents provided for in the preceding provision, on approval or disapproval of the technology export.

Article 38.   Where a technology is licensed for export, the competent foreign trade department under the State Council issues the technology export license. The contract for technology export takes effect on the date of issuance of the technology export license.

Article 39.   Freely exportable technology shall be subject to the contract registration administration. A contract for exporting a technology takes effect from the time when the contract is established according to law without taking the registration thereof as a condition for the contract to be effective.

Article 40.   When a freely exportable technology is to be imported, registration shall be made with the competent foreign trade department under the State Council, and the following documents submitted:

(1) an application for registration of the technology export contract;

(2) a copy of the technology export contract; and

(3) any regulatory document certifying the legal status of the contracting parties.

Article 41.   The competent foreign trade department under the State Council shall, within three working days from the date of receipt of the documents provided for in Article 40 of these Regulations, register the technology export contract, and issue the certificate of the registration of technology export.

Article 42.   Applicants shall use the technology export license or certificate of registration of the technology import contract to go through the foreign exchange, banking, taxation and customs formalities.

Article 43.   Where a technology import contract licensed or registered according to the provisions of these Regulations is changed in terms of the main contents thereof, the formalities shall be gone through once again for the license or registration thereof. Any licensed or registered technology export contract which has terminated shall be submitted to the competent foreign trade department under the State Council for filing.

Article 44.   The competent foreign trade department under the State Council, other relevant departments and the employees thereof shall be under the obligation to keep confidential the trade secret they get to know when performing their functions and duties of technology import and export administration.

Article 45.   Exporting a nuclear technology, a relevant technology of nuclear products for both military and civil purposes, a technology for supervising or monitoring the manufacture of chemicals, a technology for military purposes, or any other technology under export control shall be conducted pursuant to the relevant administrative laws and regulations.