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Article 1. These measures are formulated in accordance with the Foreign Trade Law of the People's Republic of China and the Regulations of the People's Republic of China on Administration of Import and Export of Technologies in order to promote the import of technologies. Article 2. The import of technologies that falls within the Subsection of Technologies Prohibited from Import in the Catalogue of Technologies the Import of Which Is Prohibited or Restricted (to be published separately) shall be prohibited. Article 3. The State adopts a licensing system for the import of technologies the import of which is restricted. The importer of technologies that falls within the Subsection of Technologies Restricted to Be Imported is in the Catalogue of Technologies the Import of Which Are Prohibited or Restricted shall apply for licenses in accordance with these Measures. Article 4. MOFTEC and SETC are jointly responsible for the administration of the licensing system for the import under Article 3 above of the technologies restricted to be imported. Article 5. The importer shall, before importing in accordance with Article 3 above the technologies restricted to be imported, fill in the Application Form for Import of Restricted Technologies which is attached here as Appendix I, and submit it to MOFTEC to apply for a license. Article 6. Within thirty working days after receiving the Application Form, MOFTEC shall make the trade review and SETC the technical review of the application before they decide to approve or disapprove the application. In case the application documents are incomplete, unclear or do not conform with the requirement, the documents shall be returned to the applicant for revision and completion. The date on which the applicant re-submits the application or hands in the final documents shall be deemed as the date of reception of the application. Article 7. The trade review of the application for the import of restricted technologies shall include: (1) Whether the import of restricted technologies is in conformity with the foreign trade policies of the State and whether it will promote the economic and technological cooperation between China and other countries; and (2) Whether the import of restricted technologies is in conformity with the international commitments binding on China. Article 8. The technical review of the application for the import of restricted technologies shall include: (1) Whether the technologies may jeopardize the State security or social and public interests; (2) Whether the technologies are detrimental to the life and health of human beings; (3) Whether the technologies will damage the natural environment; and (4) Whether the technologies are in conformity with the State policies for industrial, economic and social development, conducive to technological progression and upgrading of industrial products, and to the protection of the national rights and interests in economic and technological development. Article 9. If the application is approved, MOFTEC will issue a standard and uniformly numbered Proposal for Technology Import License, which is attached here as Appendix II. The importer of technologies may enter into contracts of import of technologies upon obtaining the Proposal for Technology Import License. Article 10. After the contract of import of technologies is signed, the importer shall submit the Proposal for Technology Import License, copies of the contract and appendixes and documents evidencing the legal status of the contracting parties, to MOFTEC to apply for a Technology Import License. Article 11. MOFTEC shall, upon reviewing the authenticity of the contract, decides to grant or not grant the Technology Import License within ten working days after receiving the documents listed in Article 10 above. Article 12. The importer may, when submitting the application to MOFTEC in accordance with Article 5 of these Measures, also submit the copies of the contract of import of technologies and its appendixes already signed. Within thirty working days after receiving the above documents, MOFTEC shall make the trade review and SETC the technical review of the application and decide to approve or disapprove the application for import. MOFTEC shall, within ten working days after the application is approved, review the authenticity of the contract, and decide to grant or not grant the Technology Import License. In case the application documents are incomplete, unclear or do not conform with the requirement, the documents shall be returned to the applicant for revision and completion. The date on which the applicant re-submits the application or hands in the final documents shall be deemed as the date of reception of the application. Article 13. If deciding to grant the License, MOFTEC shall issue a standard and uniformly numbered Technology Import License, which is attached here as Appendix III. The contract of import of restricted technologies shall be effective upon the date on which the License is issued. Article 14. The importer of restricted technologies shall, when going to MOFTEC to obtain the Technology Import License, log on the System of Administration of Contracts of Import of Technologies on the website of China International E-Commerce Network (http://info.ec.com.cn), and upload the content of the contract. Article 15. In case an investment project needs the approval by the competent authorities and involves the import of restricted technologies, the importer of the said technologies shall, when submitting the application in accordance with Article 5 or 12 of these Measures to MOFTEC, also provide the approval documents of the competent authorities. 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 importer is required to apply for a new License in accordance with these Measures. Article 17. The importer shall present the Technology Import License in order to go through the formalities at the authorities of foreign exchange, banking, taxation and customs. Article 18. Importers who have violated the provisions of these Measures shall bear the legal responsibilities in accordance with the Regulations of the People's Republic of China on Administration of Import and Export of Technologies. Article 19. The import of special technologies for military use and national defense is not subject to these Measures. Article 20. These Measures shall enter into force on January 1, 2002. Appendixes: I: Application Form Of Import Of Restricted Technologies (omitted) II: Proposal For Technology Import Licence Of The People's Republtc Of China (omitted) III: Technology Import Licence Of The People's Republic Of China (omitted) |
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