禁止出口限制出口技术管理办法
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对外贸易经济合作部、科学技术部[2001]年第14号令 Article 1 These Procedures have been formulated in accordance with the PRC, Foreign Trade Law and the PRC, Administration of Technology Import and Export Regulations in order to promote the development of China's export of technology. Article 2 Technology that is prohibited from export as listed in the Technology Prohibited and Restricted from Export by China Catalogue (to be promulgated separately) shall not be exported. Article 3 The State shall administer by licence technology that is restricted from export and related products as listed in the Technology Prohibited and Restricted from Export by China Catalogue. All exports of State restricted export technology and related products should undergo the export licensing procedure in accordance with these Procedures. Article 4 Export licensing of technology the export of which is restricted as defined in Article 3 hereof shall be administered by the Ministry of Foreign Trade and Economic Cooperation (MOFTEC) together with the Ministry of Science and Technology. Article 5 When exporting technology of which export is restricted and related products as defined in Article 3 hereof, technology exporters should fill in the China Restricted Export Technology Export Application Form (Application Form, see Appendix 1) and submit to MOFTEC for carrying out the export licensing procedure. PART TWO ESTABLISHMENT, CHANGE AND CANCELLATION OF REPRESENTATIVE OFFICES Article 6 Within 30 working days of the date on which MOFTEC receives the Application Form, MOFTEC and the Ministry of Science and Technology shall carry out separately trade investigations and technology investigations and decide whether to grant a licence. In the case of an application returned to the applicant for amendment or supplementation because the application is unclear, incomplete or does not fit the criteria for some other reason, the date on which the applicant re-applies or submits the final supplementary information shall be deemed the date of application. Article 7 The trade investigations of technology the export of which is restricted shall include the following main contents: 1. whether the export is in accord with China's foreign trade policy and whether it promotes foreign trade exports; 2. whether the export is in accord with China's industrial export policy and whether it promotes the development of national economy; and 3. whether the export is in accord with foreign obligations undertaken by China. Article 8 The technology investigations of technology the export of which is restricted shall include the following main contents: 1. whether the export endangers national security; 2. whether the export is in accord with China's policy on scientific and technological development and whether it is beneficial to scientific and technological progress; and 3. whether the export of mature industrialized technology is in accord with China's industrial policy and can bring along the production of large scale and complete sets of equipment or high and new technology products and economic and technological cooperation; In principle, laboratory technology should first be developed within China, and then transformed into industrialized technology before being exported. Laboratory technology for which China does not at present possess the conditions for transforming into application can be exported only if this can be guaranteed not to damage the rights and interests of the State and if effective protection for intellectual property is obtainable. 4. whether the technology for export is fully developed, reliable, and inspected, accepted or authenticated. Technology that has not been inspected, accepted or authenticated but which is proved through production experience should be guaranteed by the user work unit. Article 9 Once an export application has been approved, MOFTEC shall issue a unified, printed and numbered Proposal for Technology Export Licence of the People's Republic of China (Technology Export Licence Proposal, see Appendix 2). The Technology Export Licence Proposal is valid for one to three years. The Technology Export Licence Proposal must be submitted when applying for export credit and insurance letter of intent. Financial and insurance institutions shall conduct the relevant business on the strength of the Technology Export Licence Proposal. Article 10 No work unit or individual may conduct substantive negotiations with foreign parties for restricted technology export projects for which it does not hold a Technology Export Licence Proposal, nor may they make legally binding undertakings concerning the technology export. Article 11 A technology exporter that has not signed the technology export contract within the valid period of the Technology Export Licence Proposal and that needs to extend the valid period should apply for an extension to MOFTEC in accordance with the procedure stipulated in Article 5 hereof not less than 30 working days before the Proposal expires. Article 12 Once the technology export contract has been signed, the technology exporter shall submit the Technology Export Licence Proposal, a copy of the contract, the technical information export checklist (documents, information, blueprints and other materials), the equipment export checklist and the related products export checklist (see Appendices 4, 5 and 6), and documents evidencing the legal status of the contracting parties to MOFTEC for application of technology export licence. Article 13 MOFTEC shall examine the authenticity of the technology export contract, and shall within 15 working days of the date of receipt of the documents specified in Article 12 hereof, render a decision on whether to license the export of technology, and issue a unified, printed and numbered Technology Export Licence of the People's Republic of China (Technology Export Licence, see Appendix 3) to the technology the export of which is licensed. Article 14 The technology export contract for technology the export of which is restricted shall be effective as of the date of issuance of the Technology Export Licence. Article 15 When an technology exporter obtains the Technology Export Licence from MOFTEC, it shall log on to the "PRC Technology Import and Export Contract Administration System" on the China International Electronic Commerce Network (website: http://info.ec.com.cn) and input the contents of contract according to the procedures. Article 16 If it is necessary to make changes to the technology being exported after the technology exporter has obtained the Technology Export Licence, the exporter should undergo the technology export licensing procedure again in accordance with the procedure stipulated in these Procedures. Article 17 When dealing with customs matters for all exports of State restricted export technology and of State secret technology, the Technology Export Licence and the related checklist must be submitted. Customs shall carry out the relevant release procedures after inspection and verification. Article 18 The persons and work units responsible for any violation of these Procedures shall be prosecuted in accordance with the PRC, Administration of Technology Import and Export Procedures and with the provisions of other relevant laws. Article 19 These Procedures do not apply to the export of national defence military industry specialist technology. Article 20 These Procedures shall be implemented as of 1 January 2002. |
