Article 1 This regulation is formulated in the purpose of. In compliance with The Law of Foreign Trade of the People’s Republic of China and Regulations of the People’s Republic of China on Technology Import and Export, this Measures is enacted to promote the development of the technology export in the People's Republic of China.

Article 2 Technologies listed on the Catalog of Technologies Restricted for Export of the People's Republic of China (to be issued) shall not be exported.

Article 3 Technologies and related products listed on The Catalog of Chinese Exporting Ban on Restricted Technologies shall be managed through a licensing system. All enterprises that export technology or related products restricted for export shall obtain license in compliance with this Measures.

Article 4 The export license of restricted technology, as stated in Article 3 of this Measures, shall be jointly supervised by Ministry of Foreign Trade and Economic Cooperation, (MOFTEC for short) and Ministry of Science and Technology.

Article 5  Exporters that export restricted technologies and related products  as stipulated in Article 3 of this Measures shall fill in Application form for Exporting Restricted Export Technologies in the People's Republic of China (Hereinafter Application, see Appendix I), and submit it to MOFTEC to perform the licensing procedures.

Article 6 Within 30 workdays after receiving the application, MOFTEC and Ministry of Science and Technology shall respectively carry out trade censor and technology censor on the export technology item, and decide whether to give approval or not. Should application be returned to the applicators due to vague contents, insufficient application material, or inconformity with related regulations, the day on which the applicant resubmit the application form shall be regarded as the application date.

Article 7 The trade censor for restricted export technology shall include:
a. Whether it is in accordance with the State foreign trade policy and can promote the foreign trade export;
b. Whether it is in accordance with the State industry exportation policy, and can foster the development of national economy;
c. Whether it is in accordance with International obligations to which China has committed.

Article 8 The technological censor on restricted technology shall include the following:
a. Whether it endangers the national security;
b. Whether it is in accordance with the State policy on technology development, and can promote scientific progress.
c. In cases of mature industrial technology, whether its export is in accordance with the State industrial policy, can promote the production and economic and technological cooperation of large scale or whole set equipment and new high-tech products. In cases of laboratory technology, enterprises are encouraged to develop it and turn it into industrial technology before exporting it. In cases where there is no sufficient environment for its application, the technology shall be exported only with the precondition that China’s interests will not be damaged and an intellectual property protection has been obtained.
d. The maturity and dependability of the technology to be exported shall be checked and certified. Technology not checked and verified but already proved in production shall be certified by the enterprises using the technology.

Article 9 Once the application is approved, MOFTEC shall issue Proposal For Technology Export License Of The People's Republic Of China uniformly printed and numbered (hereinafter proposal for technology export license, see Appendix II). The duration of validity of the proposal shall be 1 to 3 years. When applying for export credit and insurance pledge commitment, enterprises shall provide proposal for technology export license. Finance and insurance institutions shall process related transactions only after seeing the proposal for technology export license.

Article 10 For any restricted export technology project without proposal for technology export license, no individual or unit shall make substantial negotiations with foreign countries or to make any lawful commitment on technology exportation.

Article 11 In the duration of validity of proposal for technology export license, if technology exporters have not signed contract on technology exportation and need to prolong the duration of validity, they shall apply to MOFTEC for an extension of the duration of validity in conformity with Article 5 of the Measures at least 30 working days prior to the date of expiration.

Article 12 After signing the contract on technology export, exporters shall bring proposal for technology export license, duplicate of the contract, list of technology to be exported (document, material, chart and others), list of equipment to be exported, list of related products to be exported (see Appendix IV, V, VI), and proof of legal status of the two parties to MOFTEC to apply for the license for technology export.

Article 13 MOFTEC shall censor the authenticity of the contract on technology export and decide whether the export shall be approved within 15 working days after receiving the related document as stated in Article 12. For the approved technologies, MOFTEC shall issue the specially printed and numbered Technology Export License Of The People's Republic of China (hereinafter Technology Export License, see appendix III).

Article 14 Contracts of the export of restricted technologies shall be valid on the day that Technology Export License is issued.

Article 15 When collecting Technology Export License from MOFTEC, technology exporters shall log in China International Electronic Commerce Network (http://info.ec.com.cn) and put in the contents of the contract in the System of China’s Technology Export and Import Contracts Management.

Article 16 Should content of the technology export be changed after obtaining Technology Export License, the exporter shall re-apply for the license again by following the procedures as stipulated in this Measures.

Article 17 For projects approved by MOFTEC to export technology and confidential technology restricted for export, technology exporters shall present License for Technology Export and related documents when going through customs formalities, and the Customs shall process related formalities after verifying these documents.

Article 18 Individuals and working units violating this Measures shall be punished according to Regulations on the of the People’s Republic of China on Technology Import and Export and other related laws and regulations.

Article 19 This regulation does not apply for the exportation of specialized technology on national defense and weaponry industry.

Article 20 This regulation shall come into force as of January 1, 2002.