China Revised the Catalogue of Export Prohibited and Restricted Technologies
On September 16, 2008, PRC Ministry of Commerce (MOFCOM) and the Ministry of Science and Technology (MOST) jointly released the revised Catalogue of Export Prohibited and Restricted Technologies (Catalogue). In accordance with the Announcement No.12, 2008 of MOFCOM and MOST, the Catalogue shall come into force as of November 1, 2008.
For export purposes, technologies fall into three categories --- non-restricted, restricted and prohibited as stipulated in:
- Foreign Trade Law of the People's Republic of China(2004)
- Regulations of the People's Republic of China on Administration of Import and Export of Technologies(2001)
- Measures of the People’s Republic of China for the Administration of Technologies Prohibited or Restricted from Export(2001)
the state may prohibit and restrict technologies from being exported on the following grounds:
(1) to safeguard national security, societal interest or public morality;
(2) to protect human life or health, the life and health of animals or plants, or to protect the environment;
(3) to implement certain measures relating to the import or export of gold or silver;
(4) in accordance with the law and administrative regulations, and other exported of technologies shall be prohibited or restricted;
All technologies that do not fall into the prohibited and restricted categories belong to the non-restricted categories and may be freely exported.
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