The Ministry of Foreign Trade and Economic Cooperation, the State Economic and Trade Commission Order of the Ministry of Foreign Trade and Economic Cooperation and the State Economic and Trade Commission No.18 In accordance with the Foreign Trade Law of the P.R. China and the Regulations of the People’s Republic of China on Administration Minister of the Ministry of Foreign Trade and Economic Cooperation Shi Guangsheng Director of the State Economic and Trade Commission Li Rongrong December 28, 2001 Regulations on Administration of Technologies the Import of Which Is Prohibited or Restricted Article 1 These regulations are formulated in accordance with the Foreign Trade Law of the People’s Republic of China and the Regulations of Article 2 Import of technologies which fall within the Subsection of Technologies Prohibited from Import in the Catalogue of Technologies the Article 3 The State adopts a licensing system for the import of technologies the import of which is restricted. The importer of technologies Article 4 MOFTEC and SETC are jointly responsible for the administration of the licensing system for the import under Article 3 above of technologies Article 5 The importer shall, before importing in accordance with Article 3 above technologies restricted to be imported, shall fill in the Article 6 Within thirty (30) working days after receiving the Application Form, MOFTEC shall make the trade review and SETC the technical review In case the application documents are incomplete, unclear or do not conform with the requirement, the documents shall be returned Article 7 The trade review of the application for import of restricted technologies shall include: (1) Review on whether the application is in conformity with the foreign trade policies of the State and on whether it will promote the (2) Review on whether the application is in conformity with the international commitments binding on China. Article 8 The technical review of the application for import of restricted technologies shall include: (1) Review on whether the application may jeopardize the State security or social and public interests; (2) Review on whether the application is detrimental to the life and health of human beings; (3) Review on whether the application will damage the natural environment; (4) Review on whether the application is in conformity with the State policies for industrial, economic and social development, conducive Article 9 If the application is approved, MOFTEC will issue a standard and uniformly numbered Proposal for Technology Import License, which Article 10 Upon signing the contract of import of technologies, the importer shall submit the Proposal for Technology Import License, copies Article 11 MOFTEC shall, upon reviewing the authenticity of the contract, decides to grant or not grant the Technology Import License within Article 12 The importer may, when submitting the application to MOFTEC in accordance with Article 5 of these Regulations, also submit copies Within thirty (30) working days after receiving the above documents, MOFTEC shall make the trading review and SETC the technical review In case the application documents are incomplete, unclear or do not conform with the requirement, the documents shall be returned Article 13 If deciding to grant the License, MOFTEC shall issue a standard and uniformly numbered Technology Import License, which is attached Article 14 The importer of restricted technologies shall, when approaching MOFTEC to obtain the Technology Import License, log on the System Article 15 In case an investment project needs the approval by the competent authorities and involves import of restricted technologies, the Article 16 In case revision is made to the main content of the contract of import of technologies for which a License has been obtained, the Article 17 The importer shall present the Technology Import License in order to go through the formalities at the authorities of foreign exchange, Article 18 Importers who have violated the provisions of these Regulations shall incur legal responsibilities in accordance with the Regulations Article 19 Import of special technologies for military use and national defense is not subject to these Regulations. Article 20 These Regulations shall enter into force on January 1, 2002. Attachment: I. Application Form of Import of Restricted Technologies (omitted) II. Proposal for Technology Import Licence of the People’s Republic of China III. Technology Import Licence of the People’s Republic of China Proposal for Technology Import Licence of the People’s Republic of China No: 1.Importer 2.No.of proposal for technology import license 3.Application No. 4.Exporter 5.Mode of technology import 6.Technologyitem: Code: 7.Supplementary detail: 8.Issuing authority stamp & signature 9.Issuing date Technology Import Licence of the People’s Republic of China 1.Importer 2.No.of technology import license 3.Application No. 4.No.of proposal for technology import license 5.Exporter 6.Mode of technology import 7.Technologyitem: Code: 8.Supplementary detail: 9.Issuing authority stamp & signature 10.Issuing date |
The Ministry of Foreign Trade and Economic Cooperation, the State Economic and Trade Commission
2001-12-28