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	SUPPLEMENTARY CIRCULAR OF MOFTEC AND STATE ADMINISTRATION OF FOREIGN EXCHANGE ABOUT FOREIGN EXCHANGE FOR TECHNOLOGY IMPORT CONTRACTS

	(No. 98 [2001] of Ministry of Foreign Trade and Economic Cooperation (MOFTEC) and State Administration of Foreign Exchange on March 19, 2001)


SUBJECT : FOREIGN EXCHANGE; TECHNOLOGY IMPORT CONTRACTS
ISSUING DEPARTMENT : STATE ADMINISTRATION OF FOREIGN EXCHANGE, MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION
ISSUE DATE : 03/19/2001
IMPLEMENT DATE : 03/19/2001
LENGTH : 699 words
TEXT :

In order to perfect the administration of technology introduction, prevent and crack down upon foreign exchange defrauding and evasion, and safeguard financial order, we hereby circulate some issues as follows concerning the procedures of introducing technology and related foreign exchange sales and payments according to Provisional Procedures on the Administration of Technology Introduction and Equipment Import ([1996] Waijingmaojifa No. 201) and Circular on Relevant Issues Concerning Strengthening the Administration of Sales of and Payments in Foreign Exchange for Introducing Intangible Properties ([1998] Huiguanhanzi No. 092):

I. When purchasing foreign exchange and making payment for technology introduction and equipment import, the importer shall present the Registration and Effectiveness Certificate of Technology Introduction and Equipment Import and the Data List of Technology Introduction Contracts issued by MOFTEC and its branches. Only after verifying the documents presented bona fide, can the designated foreign exchange bank go through formalities of foreign exchange sales and payment. Foreign-funded enterprises shall go through relevant formalities according to Article 4 of this circular.

II. Technology introduction contracts include: (1) application or transfer contract of patent; (2) application or transfer contract of trademark rights including the permission of patent or patent technology; (3) permission contract of computer software copyright application; (4) application or transfer contract of patent technology; (5) contract of technology consultant; (6) contract of technology service; (7) contract of cooperative design; (8) contract of cooperative study; (9) contract of cooperative development; (10) contract of cooperative production.

III. MOFTEC and its branches shall register technology introduction contracts, issue Registration and Effectiveness Certificate of Technology Introduction and Equipment Import, and stamp the official seal with Data List of Technology Introduction Contracts filled by the operating unit according to relevant regulations. The operating unit shall present both the original of the Registration and Effectiveness Certificate of Technology Introduction and Equipment Import and the original of the Data List of Technology Introduction Contracts for foreign exchange purchase and payment. The bank shall make a note of sold and paid foreign exchange case by case in relevant columns of and stamp the official seal to the original of the Data List of Technology Introduction Contracts. The sum total of sold and paid foreign exchange shall not exceed the total contract value on the Data List of Technology Introduction Contracts.

IV. In case of technology introduction contracts of a foreign-funded enterprise examined and verified by foreign fund administration department in the course of its establishment, the Data List of Technology Introduction Contracts shall be filled by the enterprise and stamped with the official seal by the foreign fund administration department. When going through formalities of foreign exchange purchase and payment, the enterprise shall present both relevant approval documents and the Data List of Technology Introduction Contracts. Technology introduction contracts signed after the establishment of the foreign-funded enterprise shall be subject to formalities of registration.

V. MOFTEC and its branches at all levels shall supervise the operating unit to fill in the Data List of Technology Introduction Contracts seriously to give a comprehensive and faithful representation of the contracts.

VI. Technology introduction contract number consists of two parts: predetermined serial number and enterprise serial number. The 9-code predetermined serial number is worked out by MOFTEC. 2 codes for the year (the latter 2), 2 for technology origin (international standard), 2 for the project location (international standard), 1 for the technology introduction mark (Y), 2 for sector classification (international standard), enterprise serial number begins from the tenth code, for example: 01USBJY01ABC001.

VII. In case of any change in the Data List of Technology Introduction Contracts, the operating unit shall go through alteration formalities at the original registration department. MOFTEC and its branches shall fill in Statement of Technology Introduction Contracts Data Alteration and stamp the official seal with it. This Statement shall be used together with the original Data List of Technology Introduction Contracts and relevant approval documents.

VIII. MOFTEC and SAFE shall set up a system for network examination jointly with other departments concerned in order to prevent distorting he Registration and Effectiveness Certificate of Technology Introduction and Equipment Import and the Data List of Technology Introduction Contracts without approval. In case of violation, punishment shall be made according to regulations.

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