武汉夜生活网：The head of the Department of Service and Trade of the Ministry of Commerce answered reporters’ questions on the adjusted and released China’s Export Prohibited and Restricted Technology Catalogue
The head of the Department of Service and Trade of the Ministry of Commerce answered reporters’ questions on the adjusted and released “China’s Export Prohibited and Restricted Technology Catalog
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 2020Hereinafter referred to as “Catalogue”).The responsible comrades of the Department of Service and Trade 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 Technology Import and Export Administration”,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,Maintain national economic security.The last revision of the Catalogue was in 2008,It has been more than 10 years since now.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 time according to international practices.This time the “Catalogue” adjusted and deleted 4 technical items that are prohibited from export.And adjusted the technical content that restricts exports.
The Chinese government has always insisted on opening up to promote development,Adhere to open cooperation in innovation capabilities,Committed to creating a good environment for technological innovation and international cooperation,Promote 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,year 2013,China’s technology export contract value is 20 billion US dollars,Less than half of the import contract value; in 2019,The contract value of technology export is 32.1 billion US dollars,Already basically close to the import contract amount.Technology export has optimized my country’s export structure,It also promoted the industrial upgrading and economic development of related trading partners.from now on,We will further strengthen technical trade cooperation with countries around the world,Continuously optimize the business environment for technology trade,Promote the healthy, orderly and sustainable development of my country’s technology trade.
2. What are the main contents of this “Catalogue” adjustment?
This adjustment of the Catalogue has successively solicited opinions from relevant departments, industry associations, industry academic circles and the public.A total of 53 technical items are involved:
The first 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 export-restricted technical items 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.
3. This time the Ministry of Commerce and the Ministry of Science and Technology only released the adjusted content of the “China Export Prohibited and Restricted Technology Catalogue”.What are your considerations for the “China Catalogue of Technologies Prohibited and Restricted from Imports”?What are the future work plans?
Currently,The Ministry of Commerce and the Ministry of Science and Technology are still advancing the catalog revision in an orderly manner.Next step,The “Catalogue of China’s Export Prohibited and Restricted Technologies” will be further deleted and adjusted; at the same time,According to the “Administrative Measures on Prohibition and Restriction of Import Technology” revised and issued at the end of 2019,Significantly streamline the “Catalogue of Technologies Prohibited and Restricted from Imports in China”,Further highlight the role of market regulation.
The Chinese government attaches great importance to optimizing the business environment for technology trade,Actively promote the facilitation of technology trade.since this year,The Ministry of Commerce issued the “Notice on Further Facilitating the Work Related to Import and Export of Technology 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.Next step,The Ministry of Commerce will continue to introduce more technology trade facilitation measures,Continuously improve the technology trade promotion platform,Strengthen technical trade exchanges and cooperation with countries around the world.
4. How to define technology export?What are the specific forms?If a company exports restricted technologies,How to apply?
According to the “Regulations of the People’s Republic of China on the Administration of Technology Import and Export”,Technology export refers to from within my country to abroad,The act of transferring technology through trade, investment or economic and technological cooperation,Including patent right transfer, patent application right transfer, patent implementation license, technology secret transfer, technology service and other ways of technology transfer.In other words,Anything that involves transferring technology abroad,Whether it is through trade or investment or other methods,All must comply with the “Regulations of the People’s Republic of China on Technology Import and Export Administration”.
Technology export is divided into three categories: freedom, restriction and prohibition.Among them, free technology implements post-contract registration and filing,The import and export of restricted technologies 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 various provinces, autonomous regions, and municipalities directly under the Central Government.After receiving the technology export application, the competent commercial departmentReview with the competent department of science and technology,The decision of approval or disapproval is made within 30 working days from the date of receipt of the application,Issue a “Letter of Intent for Technology Export License” to those approved.After the applicant obtains the letter of intent,Before they can conduct substantive negotiations with the outside world,Sign a technology export contract.After the applicant signs the technology export contract,Must apply for “Technology Export License”.The competent commercial department shall review the authenticity of the technology export contract,Within 15 working days from the date of receipt of the relevant documents,Decide whether to license or disallow technology export,If permission is granted,Issue “Technology Export License”.The technology export contract shall take effect on the date of the issuance of the technology export license.