Regulations of the People's Republic of China on the Administration of Import and Export of Technologies (2019 Revision)

Regulations of the People's Republic of China on the Administration of Import and Export of Technologies (2019 Revision) Regulations of the People's Republic of China on the Administration of Import and Export of Technologies (Promulgated by Order No. 331 of the State Council of the People's Republic of China on December 10, 2001; amended in accordance with the Decision of the State Council on Abolishing and Amending Some Administration Regulations by the Order No. 588 of the State Council of the People's Republic of China on January 8, 2011; and amended in accordance with the Decision of the State Council to Amend Certain Administrative Regulations on March 2, 2019) Chapter I General Principles Article 1 These regulations are formulated in accordance with the Foreign Trade Law of the People's Republic of China (hereinafter " Foreign Trade Law ") and other relevant laws and regulations in order to provide rules for the administration of import and export of technologies, safeguard the order of import and export of technologies and promote national economic and social development. Article 2 Import and export of technologies in these Regulations refer to the transfer of technologies from outside of the People's Republic of China (hereinafter "P.R.C.") into P.R.C. or from inside of P.R.C. to outside of P.R.C. by way of foreign trade, investment, or economic or technological cooperation. Such transfer includes assignment of patent rights or rights to apply for patents, licensing of rights to implement patents, assignment of technical know-how, technical service and etc. Article 3 The State adopts a unified system for the administration of import and export of technologies in order to safeguard fairness and freedom of import and export of technologies. Article 4 Import and export of technologies should be conducted in accordance with the industrial, technological and social development policies of the State and in the interest of the scientific and technological progress and the development of economic and technological cooperation between China and other countries, and of the protection of the economic and technological rights and interests of China. Article 5 The State permits free import and export of technologies unless otherwise forbidden by laws and administrative regulations. Article 6 The Director of Foreign Trade and Economic Cooperation under the State Council (hereinafter "the Director under the State Council") has the responsibility to administer the import and export of technologies of the whole country in accordance with the Foreign Trade Law and these Regulations. The directors in charge of foreign trade and economic cooperation under the People's Governments of provinces, autonomous regions, municipalities under the direct control of the Central Government have the responsibility to administer the import and export of technologies within their administrative areas. Other relevant authorities under the State Council shall also have the responsibility to administer projects of importing and exporting of technologies in accordance with regulations of the State Council. Chapter II Administration of Import of Technologies Article 7 The State encourages the import of advanced and useful technologies. Article 8 Import of technologies which fall within the scope of Article 16 of the Foreign Trade Law shall be prohibited or restricted. The Director under the State Council shall, together with other relevant authorities under the State Council, formulate, readjust and publish the Catalogue of Prohibited or Restricted Import Technologies. Article 9 Technologies that are prohibited from being imported shall not be imported. Article 10 Technologies that are subject to restricted importation can be imported only with licenses. Article 11 To import technologies that are restricted in being imported, an application shall be submitted to the Director under the State Council together with supportive documents. In case a prior approval for import of technologies is needed, the approval documents of the relevant authorities shall also be submitted. Article 12 Upon receiving the application, the Director shall review the application together with the relevant authorities under the State Council, and shall decide to approve or disapprove the application within 30 working days of receiving the application. Article 13 If the application is approved, the Director under the State Council shall issue a Preliminary License for import of technologies. The importer of the technologies may enter into contracts of import of technologies upon obtaining the Preliminary License. Article 14 Upon signing the contract of import of technologies, the importer shall submit copies of the contract, together with other supportive documents, to the Director under the State Council in order to apply for a License of Import of Technologies. The Director under the State Council shall, upon reviewing the authenticity of the contract, decide to grant or not to grant the License of Import of Technologies within 10 working days of receiving the above the documents. Article 15 The importer may, when submitting the application to the Director under the State Council in accordance with Article 11 of these Regulations, also submit copies of the contract of import of technologies which are already signed. The Director under the State Council shall review both the application and the authenticity of the contract, and shall decide to grant or not to grant the License within 40 working days of receiving the above documents. Article 16 If deciding to grant the License, the Director under the State Council shall issue the License of Import......