Adjustment of “China’s Export Prohibited and Restricted Technology Catalogue”

Adjustment of "China's Export Prohibited and Restricted Technology Catalogue"

On August 28, the Ministry of Commerce and the Ministry of Science and Technology adjusted and released the “Catalogue of China’s Export Prohibited and Restricted Technologies” (Ministry of Commerce, Ministry of Science and Technology Announcement No. 38 of 2020, hereinafter referred to as the “Catalog”).

The adjustment of the “Catalogue” has successively solicited opinions from relevant departments, industry associations, industry academic circles and the public, involving a total of 53 technical items: one is to delete 4 technical items that are prohibited from export; the other is to delete 5 technologies that restrict exports The third is to add 23 new technology items that restrict exports; the fourth is to modify the control points and technical parameters of the 21 technology items.

According to the “Regulations of the People’s Republic of China on the Administration of Technology Import and Export”, all technologies involved in the transfer of technology abroad, whether through trade, investment or other means, must strictly abide by the “Regulations of the People’s Republic of China on the Administration of Technology Import and Export”. For technology export, you must apply for a technology export license to the provincial commerce department, and only after obtaining approval can you conduct substantive negotiations and sign a technology export contract.

According to the official website of the Ministry of Commerce, on August 28, the Ministry of Commerce, in conjunction with the Ministry of Science and Technology, adjusted and released the “Catalogue of China’s Export Prohibited and Restricted Technologies” (Ministry of Commerce and Science and Technology Announcement No. 38 of 2020, hereinafter referred to as the “Catalog”). The responsible comrades of the Service and Trade Department of the Ministry of Commerce answered reporters’ questions on the “Catalogue”.

  1. What are the background and main considerations for the adjustment of the Catalogue?

According to the Regulations of the People’s Republic of China on the Administration of Technology Import and Export, the Ministry of Commerce, in conjunction with the Ministry of Science and Technology, formulates, adjusts and publishes a catalog of technologies that prohibit or restrict exports. The main purpose is to standardize technology export management, promote technological progress and foreign economic and technological cooperation, and safeguard the national economy. Safety. The last revision of the Catalogue was in 2008, more than 10 years ago. With the rapid development of science and technology and the continuous improvement of my country’s scientific and technological strength and industrial competitiveness, it is imperative to adjust the Catalogue in a timely manner in accordance with international practices. This time, the “Catalogue” has removed four technical items that are prohibited from exporting, and adjusted the technical content that restricts exports.

The Chinese government has always insisted on opening up to promote development, insisting on open cooperation in innovation capabilities, and committed to creating a good environment for technological innovation and international cooperation, and promoting the free flow of technological innovation elements. Since the 18th National Congress of the Communist Party of China, my country’s technology trade has developed steadily and rapidly. According to statistics from the Ministry of Commerce, in 2013, China’s technology export contract value was 20 billion US dollars, less than half of the import contract value; in 2019, the technology export contract value was 32.1 billion US dollars, which is basically close to the import contract value. Technology export not only optimizes my country’s export structure, but also promotes the industrial upgrading and economic development of related trading partners. In the future, we will further strengthen technology trade cooperation with countries around the world, continuously optimize the technology trade business environment, and promote the healthy, orderly and sustainable development of my country’s technology trade.

  1. What are the main contents of the adjustment of the “Catalog” this time?

This adjustment of the “Catalogue” has successively solicited opinions from relevant departments, industry associations, industry academic circles and the public, involving a total of 53 technical items:

One is to delete four technical items that are prohibited from export, including microbial fertilizer technology, caffeine production technology, riboflavin production technology, and vitamin fermentation technology.

The second is to delete 5 technical items that restrict exports, including Newcastle disease vaccine technology, natural medicine production technology, functional polymer material preparation and processing technology, chemical synthesis and semi-synthetic medicine production technology, and information security firewall software technology.

The third is to add 23 new technical items that restrict exports, including artificial breeding technology of agricultural wild plants, cashmere goat breeding and breed breeding technology, space material production technology, large-scale high-speed wind tunnel design and construction technology, aerospace bearing technology, and laser technology.

Fourth, the control points and technical parameters of 21 technical items have been modified, involving crop breeding technology, aquatic germplasm breeding technology, chemical raw material production technology, biological pesticide production technology, spacecraft measurement and control technology, space data transmission technology, map mapping Technology, information processing technology, vacuum technology and other fields.

  1. This time the Ministry of Commerce and the Ministry of Science and Technology have only released the adjusted content of the “China Catalog of Technologies Prohibited and Restricted from Export”. What are your considerations for the “China Catalog of Technologies Prohibited and Restricted from Imports”? What are the future work plans?

At present, the Ministry of Commerce and the Ministry of Science and Technology are still advancing the revision of the catalog in an orderly manner. In the next step, the “China Catalog of Technologies Prohibited and Restricted on Exports” will be further deleted and adjusted; at the same time, in accordance with the “Administrative Measures on the Prohibition of Imports and Restricted Technologies” revised and released at the end of 2019, the “Catalogue of Technologies on Prohibited and Restricted Imports of China” will be greatly simplified to further highlight The role of market regulation.

The Chinese government attaches great importance to optimizing the business environment for technology trade and actively promotes the facilitation of technology trade. Since the beginning of this year, the Ministry of Commerce has issued the “Notice on Further Facilitating Technology Import and Export During the Period of Epidemic Prevention and Control”, actively promote the paperless registration of technology import and export contracts, and study measures to relax restrictions on technology import and export business entities. In the next step, the Ministry of Commerce will continue to introduce more technology trade facilitation measures, continuously improve the technology trade promotion platform, and strengthen technology trade exchanges and cooperation with countries around the world.

  1. How to define technology export, and what are the specific forms? How do companies need to apply if they export restricted technologies?

According to the “Regulations of the People’s Republic of China on the Administration of Technology Import and Export”, technology export refers to the transfer of technology from within my country to abroad through trade, investment or economic and technological cooperation, including the transfer of patent rights, the transfer of patent application rights, and patent implementation licenses. , Technology secret transfer, technology service and other methods of technology transfer. In other words, all the transfer of technology abroad, whether it is through trade or investment, etc., must comply with the “Regulations on the Administration of Technology Import and Export of the People’s Republic of China.”

The export of technology is divided into three categories: freedom, restriction and prohibition. Free technology is subject to post-contract registration and filing, and the import and export of restricted technology requires a license. Since 2007, the Ministry of Commerce has delegated the import and export licensing authority of restricted technologies to the competent commercial departments of all provinces, autonomous regions, and municipalities directly under the Central Government. After receiving the technology export application, the competent commerce department will review it in conjunction with the competent science and technology department, and make a decision on approval or disapproval within 30 working days from the date of receipt of the application, and issue a “Letter of Intent for Technology Export License” to those approved. Only after the applicant obtains the letter of intent, can it conduct substantive negotiations and sign a technology export contract. After signing the technology export contract, the applicant must apply for a “technology export license”. The competent commerce department shall review the authenticity of the technology export contract, and within 15 working days from the date of receipt of the relevant documents, make a decision on whether to permit or disapprove the technology export, and if the permit is granted, a “technology export license” will be issued. The technology export contract shall take effect on the date of the issuance of the technology export license.

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