Technology Import and Export Management Regulations
2003-8-14 17:21
[Keywords] Technology Import and Export Management Regulations
China Business Network News:
Chapter 1 General Provisions
Article 1 is to standardize the management of technology import and export, maintain the order of technology import and export, and promote the national economy and society
will develop and these Regulations are formulated in accordance with the relevant provisions of the Foreign Trade Law of the People's Republic of China (hereinafter referred to as the Foreign Trade Law) and other relevant
laws.
Article 2 The term “technology import and export” as mentioned in these Regulations refers to the import and export of technology from outside the territory of the People’s Republic of China to the territory of the People’s Republic of China
or from the territory of the People’s Republic of China The act of transferring technology from the territory of ** and the People's Republic of China to outside the territory of the People's Republic of China through trade, investment or economic and technical cooperation.
The acts specified in the preceding paragraph include transfer of patent rights, transfer of patent application rights, patent implementation licenses, transfer of technical secrets
, technical services and other forms of technology transfer.
Article 3 The state implements a unified management system for technology import and export, and maintains fair and free technology import and export order in accordance with the law.
Article 4 Technology import and export should comply with the country’s industrial policy, science and technology policy and social development policy, and be conducive to promoting my country’s scientific and technological progress and the development of foreign economic and technological cooperation. Safeguard my country’s economic and technological rights
.
Article 5 The state permits the free import and export of technology; however, unless otherwise provided for by laws and administrative regulations
. Article 6 The foreign economic and trade department of the State Council (hereinafter referred to as the foreign economic and trade department of the State Council)
In accordance with the provisions of the Foreign Trade Law and these Regulations, it is responsible for the management of technology import and export nationwide. The foreign economic and trade departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for the management of technology import and export within their respective administrative regions in accordance with the authorization of the foreign economic and trade department of the State Council.
Relevant departments of the State Council shall, in accordance with the provisions of the State Council, perform relevant management responsibilities for technology import and export projects.
Chapter 2 Technology Import Management
Article 7 The state encourages the import of advanced and applicable technologies.
Article 8 The import of technology falling under any of the circumstances specified in Articles 16 and 17 of the Foreign Trade Law is prohibited or restricted
.
The foreign trade and economic department of the State Council, in conjunction with relevant departments of the State Council, will formulate, adjust and publish a catalog of technologies that are prohibited or restricted from
import.
Article 9 Technologies that are prohibited from import shall not be imported.
Article 10 Technologies subject to import restrictions shall be subject to license management; they shall not be imported without permission.
Article 11 To import technologies that are subject to import restrictions, a technology import application should be submitted to the foreign economic and trade department of the State Council and the relevant documents should be attached.
If technology import projects require approval from relevant departments, the approval documents from relevant departments must also be submitted.
Article 12. After receiving an application for technology import, the foreign trade and economic department of the State Council shall review the application together with the relevant
departments of the State Council and review the application within 30 days from the date of receipt of the application. A decision of approval or disapproval will be made within working days
.
Article 13. If the application for technology import is approved, the foreign trade and economic department of the State Council will issue a letter of intent for technology import license
.
After an import operator obtains a letter of intent for a technology import license, it can sign a technology import contract.
Article 14 After signing a technology import contract, the import operator shall submit a copy of the technology import contract and relevant documents to the foreign economic and trade department of the State Council and apply for a technology import license.
The foreign trade and economic department of the State Council shall examine the authenticity of the technology import contract and, within 10 working days from the date of receipt of the documents specified in the preceding paragraph
Make a decision to grant permission or not.
Article 15 When applying for technology import to the foreign economic and trade department of the State Council in accordance with the provisions of Article 11 of these Regulations, the applicant may submit the signed technology import application together with it. Copy of import contract.
The foreign trade and economic department of the State Council shall examine the authenticity of the application and its
technology import contract together in accordance with the provisions of Articles 12 and 14 of these Regulations, and Within 40 working days from the date of receipt of the documents specified in the preceding paragraph, a decision shall be made on whether to license or disallow the technology import.
Article 16 If technology import is approved, the foreign trade and economic department of the State Council shall issue a technology import license
. The technology import contract shall take effect from the date of issuance of the technology import license.
Article 17 Contract registration management shall be implemented for freely imported technologies.
Imports are freely imported technologies, and the contract takes effect when it is established in accordance with the law. Registration is not a condition for the contract to take effect.
Article 18 To import technology that is subject to free importation, registration must be made with the foreign trade and economic department of the State Council
and the following documents must be submitted:
(1) Application for registration of technology import contract;
(2) Copy of technology import contract;
(3) Documents proving the legal status of both contracting parties.
Article 19 The foreign trade and economic department of the State Council shall review the technology import contract within 3 working days from the date of receipt of the documents stipulated in Article 18 of these Regulations
Register and issue a technology import contract registration certificate.
Article 20 The applicant shall handle foreign exchange, banking, taxation, customs and other relevant procedures with a technology import license or technology import contract registration certificate.
Article 21 In accordance with the provisions of these Regulations, if the main content of a licensed or registered technology import contract is changed
, the licensing or registration procedures must be re-implemented. .
If a licensed or registered technology import contract is terminated, it shall be promptly filed with the foreign trade and economic cooperation department of the State Council
Article 22 When a foreign-invested enterprise is established and the foreign party invests in technology, the import of the technology shall
be reviewed in accordance with the approval procedures for the establishment of foreign-invested enterprises or Register.
Article 23 The foreign economic and trade department of the State Council and relevant departments and their staff shall have the obligation to keep confidential the commercial secrets they know when performing their management duties on technology import
.
Article 24 The transferor of a technology import contract shall ensure that he is the legal owner of the technology provided
or the person with the right to transfer or license it.
If the transferee of a technology import contract uses the technology provided by the transferor in accordance with the contract and is accused by a third party of infringement
right, the transferee shall immediately notify the transferor; After receiving the notice, the transferor shall assist the transferee to eliminate obstacles
.
If the transferee of a technology import contract uses the technology provided by the transferor in accordance with the contract and infringes upon the legitimate rights and interests of others
, the transferor shall bear liability.
Article 25 The transferor of a technology import contract shall ensure that the technology provided is complete, correct and effective
and can achieve the agreed technical objectives.
Article 26 The transferee and transferor of a technology import contract shall, within the confidentiality scope and confidentiality period
stipulated in the contract, keep confidential the technology provided by the transferor. The secret parts of the document that have not yet been made public shall be subject to confidentiality obligations.
During the confidentiality period, the confidentiality obligation assumed by the party that assumes the confidentiality obligation will be terminated after the confidentiality technology is disclosed for no reason other than its own reasons.
Article 27 During the validity period of the technology import contract, the results of improved technology belong to the improving party.
Article 28 After the expiration of the technology import contract, the technology transferor and transferee may negotiate on the continued use of the technology in accordance with the principles of fairness and reasonable
.
Article 29 Technology import contracts shall not contain the following restrictive clauses:
(1) Requiring the transferee to accept incidental conditions that are not essential for technology import, including Purchasing non-essential
technology, raw materials, products, equipment or services;
(2) Requiring the transferee to pay royalties for technology for which the patent right has expired or the patent right has been declared invalid.
Fees or bear relevant obligations;
(3) Restrict the transferee from improving the technology provided by the transferor or restrict the transferee from using the improved technology;
(4) Restricting the transferee from obtaining technology from other sources that is similar to or competing with the technology provided by the transferor;
(5) Unreasonable Restricting the channels or sources through which the transferee can purchase raw materials, parts, products or equipment;
(6) Unreasonably restricting the production quantity and variety of the transferee's products or sales price.
(7) Unreasonably restrict the transferee’s export channels for using imported technology to produce products.
Chapter 3 Technology Export Management
Article 30 The state encourages the export of mature industrialized technologies.
Article 31 The export of technology falling under any of the circumstances specified in Articles 16 and 17 of the Foreign Trade Law shall be prohibited or
restricted.
The foreign trade and economic department of the State Council, in conjunction with relevant departments of the State Council, will formulate, adjust and publish a catalog of technologies that are prohibited or restricted from
export.
Article 32 Technologies that are prohibited from export shall not be exported.
Article 33 Technologies subject to export restrictions shall be subject to license management; they shall not be exported without permission.
Article 34 If the export of technology is subject to export restrictions, an application must be made to the foreign trade and economic department of the State Council
Article 35: After receiving an application for technology export, the foreign trade and economic department of the State Council shall, in conjunction with the science and technology management department of the State Council, review the technology applied for export and review the technology upon receipt. A decision on approval or disapproval will be made within 30 working days from the date of application.
If the export-restricted technology needs to undergo confidentiality review by relevant departments, it shall be implemented in accordance with relevant national regulations.
Article 36. If the technology export application is approved, the foreign trade and economic department of the State Council will issue a letter of intent for technology export license
.
After the applicant obtains a letter of intent for a technology export license, it can conduct substantive negotiations and sign a technology export contract
.
Article 37 After signing a technology export contract, the applicant shall submit the following documents to the foreign economic and trade department of the State Council to apply for a technology export license:
(1) Letter of intent for technology export license;
(2) Copy of technology export contract;
(3) Technical data export list;
(4) Signing Documents proving the legal status of both parties.
The foreign trade and economic department of the State Council shall examine the authenticity of the technology export contract and, within 15 working days from the date of receipt of the documents specified in the preceding paragraph
Make a decision to grant permission or not.
Article 38 If technology export is approved, the foreign trade and economic department of the State Council shall issue a technology export license
. The technology export contract shall take effect from the date of issuance of the technology export license.
Article 39 Contract registration management shall be implemented for technologies that are subject to free export.
The export of technology is subject to free export, and the contract will take effect when it is established in accordance with the law. Registration is not a condition for the contract to take effect.
Article 40 The export of technology subject to free export shall be registered with the foreign trade and economic department of the State Council
and the following documents shall be submitted:
(1) Application for registration of technology export contract;
(2) Copy of technology export contract;
(3) Documents proving the legal status of both contracting parties.
Article 41 The foreign trade and economic department of the State Council shall, within 3 working days from the date of receipt of the documents stipulated in Article 40 of these Regulations, review the technology export contract. Register and issue a technology export contract registration certificate.
Article 42 The applicant shall handle foreign exchange, banking, taxation, customs and other relevant procedures with the technology export license or technology export contract registration certificate.
Article 43 In accordance with the provisions of these Regulations, if the main content of a licensed or registered technology export contract is changed
, the licensing or registration procedures must be re-implemented. .
If a licensed or registered technology export contract is terminated, it shall be filed with the foreign trade and economic department of the State Council in a timely manner
Article 44 The foreign economic and trade department of the State Council and relevant departments and their staff are responsible for state secrets and known commercial secrets when performing technology export management duties
Confidentiality obligations.
Article 45 The export of nuclear technology, nuclear dual-use related technology, monitoring chemical production technology, military technology and other export controlled technologies shall be in accordance with the provisions of relevant administrative regulations. handle.
Chapter 4 Legal Responsibilities
Article 46 Import or export of technologies that are prohibited from import or export, or import or export without permission
If the technology is restricted for import and export, criminal liability shall be investigated in accordance with the provisions of the Criminal Law on smuggling, illegal business operations, leaking state secrets or other crimes; if it is not enough for criminal punishment, different circumstances shall be distinguished< /p>
, be punished in accordance with the relevant provisions of the Customs Law, or be given a warning by the foreign trade and economic department of the State Council, the illegal income may be confiscated, and a fine of not less than 1 time but not more than 5 times of the illegal income shall be imposed; The economic and trade authorities may also revoke its
foreign trade license.
Article 47 Anyone who imports or exports technology subject to import and export restrictions without authorization beyond the scope of the license shall be investigated in accordance with the provisions of the Criminal Law on illegal business crimes or other crimes. Criminal liability; if it is not enough for criminal punishment
, different situations shall be distinguished and punished in accordance with the relevant provisions of the Customs Law, or a warning may be given by the foreign trade and economic department of the State Council, the illegal gains shall be confiscated, and the person shall be punished. A fine of not less than 1 time but not more than 3 times of illegal income may be imposed; the foreign trade and economic department of the State Council may suspend or revoke its foreign trade license.
Article 48 Whoever forges, alters or trades technology import and export licenses or technology import and export contract registration certificates
shall be punished in accordance with the Criminal Law’s provisions on the crime of illegal business operations or the forgery or alteration of technology import and export licenses or technology import and export contract registration certificates. , buying and selling official documents, certificates, and seals of state agencies
criminal responsibility shall be investigated in accordance with the law; if it is not enough for criminal punishment, it shall be punished in accordance with the relevant provisions of the Customs Law;
The Director of Foreign Trade and Economic Cooperation of the State Council The department may also revoke its foreign trade license.
Article 49: Anyone who obtains a technology import and export license by deception or other improper means shall have his technology import and export license revoked by the foreign economic and trade department of the State Council and suspended until revoked Its foreign trade business license.
Article 50 If a technology import and export contract registration is obtained by deception or other improper means, the foreign trade and economic department of the State Council shall revoke its technology import and export contract registration certificate and suspend it until Revoke its foreign trade license
.
Article 51 If a technology import and export management staff member violates the provisions of these Regulations and leaks state secrets or
known commercial secrets, he shall be punished in accordance with the criminal law on the crime of leaking state secrets or According to the provisions of the crime of infringement of trade secrets,
criminal liability shall be investigated in accordance with the law; if the crime is not sufficient for criminal punishment, administrative sanctions shall be imposed in accordance with the law.
Article 52. Technology import and export management personnel who abuse their power, neglect their duties, or take advantage of their position
to facilitate receiving or extorting property from others shall be punished in accordance with the Criminal Law's provisions on the crime of abuse of power, Those who commit the crime of dereliction of duty, accepting bribes or
other crimes shall be investigated for criminal liability in accordance with the law; if the crime is not sufficient for criminal punishment, administrative sanctions shall be imposed in accordance with the law.
Chapter 5 Supplementary Provisions
Article 53 Approval, licensing,
registration or administration of relevant technology import and export made by the foreign trade and economic department of the State Council If you are dissatisfied with the penalty decision, you may apply for administrative reconsideration in accordance with the law, or you may file a lawsuit with the People's Court in accordance with the law.
Article 54 If the regulations on technology import and export management formulated by the State Council before the promulgation of these Regulations are inconsistent with the provisions of these Regulations
, these Regulations shall prevail.
Article 55 These Regulations shall come into effect on January 1, 2002. The "Regulations on the Administration of Technology Introduction Contracts of the People's Republic of China" promulgated by the State Council on May 24, 1985 and approved by the State Council on December 30, 1987, January 1988
< p>The "Details for the Implementation of the Regulations of the People's Republic of China on the Administration of Technology Import Contracts" issued by the Ministry of Foreign Economic Relations and Trade on the 20th were abolished at the same time.