Decree of the Ministry of Commerce of the People's Republic of China
No. 1, 2009

The revised Administration Measures on Technology Banned and Restricted from Import is hereby published in line with the Foreign Trade Law of the People's Republic of China and the Administration Rules on Technology Import and Export of the People's Republic of China. This set of measures shall enter into force 30 days after the date of promulgation. The former Administration Measures on Technology Banned and Restricted from Import (under the Decree of the former Ministry of Foreign Economic Relations and Trade and the State Economic and Trade Commission, No. 18, 2001) will expire simultaneously.

Minister: Chen Deming
February 1, 2009

Administration Measures on Technology Banned and Restricted from Import

Article 1.  In order to promote development of China's technology import, this set of Administration Measures on Technology Banned and Restricted from Import in line with the Foreign Trade Law of the People's Republic of China and the Administration Rules on Technology Import and Export of the People's Republic of China is hereby promulgated.

Article 2.  Technology listed in the Catalogue of Technology Banned and Restricted from Import is not allowed to be imported.

Article 3.  The country adopts permit license management over technology restricted for import. Technology listed in the Catalogue of Technology Banned and Restricted from Import shall follow the import permit license formalities in accordance with this set of measures.

Article 4.  Competent departments of commerce of various provinces, autonomous regions and municipalities (hereafter referred to as "local competent departments of commerce") are responsible for examination of technology restricted from import, and permit license work on technology banned for import in their respective administration regions. Centrally administered enterprises shall go through the license formalities with the local competent departments of commerce in places where they are located.

Article 5.  The technology importer importing technology restricted for import mentioned in Article 3 of this set of measures shall fill in the Application for Import of Technology Restricted for Import in China (hereinafter referred to as "the application", see attachment 1), and then report to local competent departments of commerce for import license formalities.

Article 6.  Local competent departments of commerce shall organise technical and trade experts to conduct technical and trade examination over the technology applying for import, and make a decision on whether to permit the import within 30 working days starting from the date of receiving the application.

Local competent departments of commerce shall require applicants to make revision or provide supplementary materials for the application when finding the application materials not complete and the contents unclear or others not in conformity with the provision.

Article 7.  The trade examination of technology restricted for import shall include the following:

1.Whether it is in conformity with China's foreign trade policy, and good for the development of foreign economic and technological cooperation;

2.Whether it is in conformity with China's obligation to the world;

3.Whether it will cause a negative impact on the establishment or accelerating the establishment of specific domestic industries;

Article 8.  The technical examination of technology restricted for import shall include the followings:

1.Whether it endangers the state security, social and public interest or public ethics;

2.Whether it endangers human health or safety, and life or health of animals and plants;

3.Whether it damages the environment.

4.Whether it is in conformity with the state industry policy and economic and social development strategy, and beneficial to promoting China's technical progress and industrial upgrading, and safeguarding China's economic and technical right and interest.