Comments on the Amendments to the Measures of Export Prohibitions and Restrictio

　【英文关键词】China Technology Export， Prohibitions， Restrictions

　　【正文】

　　According to Foreign Trade Law of the People's Republic of China and Measures of Technology Import and Export of the People's Republic of China， the second Order of Commerce Department and Ministry of Science and Technology of 2009 issued on April 20， 2009 promulgated the amended Measures of Export Prohibitions and Restrictions on Technology （hereinafter referred to as Measures） which came into effect on May 20， 2009. The Measures of Export Prohibitions and Restrictions on Technology （the original 14th Order of Ministry of Foreign Trade and Economic Cooperation and Ministry of Science and Technology） promulgated on December 30， 2001 simultaneously becomes annulled.

　　The amended Measures is mainly modified on the following aspects：

　　1. The Changes on the Subjects of the Administration Management

　　Through the comparison of Article 4 and 6， we find that the subjects of the exporting license organ for restraining the exporting of technology have been changed from Ministry of Foreign Trade and Economic Cooperation to the commerce department of provinces， autonomous regions and municipalities where the proprietor who exports the technology is located （i.e. local commerce department） and administrative responsible institution of technology of provinces， autonomous regions and municipalities （i.e. local administrative responsible institution of technology）。

　　The original Measures has been conducted from 2002 till now. The concept of the new Measures， judging from the nature of legislation， has been changed from encouraging the export of technology to regulating the export of technology. Through the 7-year development， the regulation of exporting technology of our country has become more and more mature and the original administrative subjects has been changed from the central functional departments to the local ones.

　　2. About the Export of National Secret Technology

　　Article 5 of the amended Measures has supplemented regulation on the export of national secret technology： before complying with a formality for exporting the technology which is restrained for export belonging to the national secret technology， in accordance with the Examination Regulations on the Export of National Secret Technology， the secret examination formalities shall be fulfilled first and meanwhile on production of Letter of Ratification of Secret Examination of National Secret Technology issued by the Secret Examination Department， in accordance with the amended Measures， application shall be made.

　　3. About the Acceptance of the Examination

　　Article 7 of the amended Measures has supplemented the procedural regulations on the examination acceptance by the administration subject： local commerce department shall transfer relevant materials to the local administrative responsible institution of technology within 5 working days upon the receipt of the Application Letter. Local administrative responsible institution of technology shall， within 15 days after receiving such Application Letter， organize experts to make examination on technology concerning the technology which will be exported and reflect the examination results to the local commerce department and the Department of Science and Technology for the record.

　　This article regulates the administration operation of the local commerce department on the procedure of administration， which makes the time of acceptance and examination more specific， clear and embodies the openness and transparency of exercising the power of administration. For applicants， specific time of acceptance and examination are very important information.

　　4. About the Regulations on the Customs Clearance Management and Supervision

　　According to Article 8 of the amended Measures： for project for exporting restrained technology which is approved for exporting， Technology Export License shall be provided when handling matters concerning the Customs rather than the customary Customs List and after the approval of Customs， relevant formalities for clearance can be performed. According to Article 19 of the amended Measures： both the Commerce Department and the Department of Science and Technology shall be in charge of the supervision and check on the licensing of exporting technology which is conducted by the local Commerce Department and Department of Science and Technology and meanwhile put emphasis on the training and guidance of the management of exporting restrained technology.

　　Above all， the amendments on the Measures specified the administrative management subjects， management and supervision and the administrative procedure of license of exporting prohibited and restrained technology， which is definitely a favourable news to lawyers who focus on the legal service of technology import and export.

　　【注释】This article was originally written in Chinese：//www.giprs.org/ch/node/456（上海市润和律师事务所·仲奕 倪佳）