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China to Strengthen the Management on Technology Import and Export

February 1, 2009

On February 1, 2009, China's Ministry of Commerce released the new Administrative Measures for Registration of Technology Import and Export Contract (the "Measures"), effective 30 days after its release date. The Measures amended the previous Measures for Registration of Technology Import and Export Contract (the "Old Measures") released at the end of 2001. Compared with the Old Measures, the Measures provide a more specific timeline and procedures for the registration of a technology import and export contract. According to the Measures, operators of technology imports and exports must file the contract registration application within 60 days of the effective date of such contracts, with the exception of contracts where the payment is made by commission fee. In this case, the registration application must be filed within 60 days of the first commission becoming due.

Also on February 1, 2009, China's Ministry of Commerce released the Amended Measures on Management of Technologies Prohibited or Restricted from Import (the "Prohibited Measures"), effective 30 days after its release. The Prohibited Measures specify the authorities responsible for the examination and approval of the import of prohibited and restricted technologies, add more standards for such examination and approval, and clarify the valid term of such approval.

 

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