The person in charge of the Department of service and trade of the Ministry of Commerce answered the reporters questions on the revised and released catalogue of Chinas export prohibited and restricted technologies
1u3001 What are the background and main considerations of the adjustment of the catalogue?
According to the regulations of the peoples Republic of China on the administration of technology import and export, the Ministry of Commerce, together with the Ministry of science and technology, formulates, adjusts and publishes the catalogue of Technologies Prohibited or restricted for export. The main purpose is to standardize the administration of technology export, promote scientific and technological progress and foreign economic and technological cooperation, and safeguard national economic security. The last revision of the catalogue was in 2008, more than 10 years ago. With the rapid development of science and technology and the continuous improvement of Chinas scientific and technological strength and industrial competitiveness, it is imperative to timely adjust the catalogue according to international practice. In this revision of the catalogue, four technical items that are prohibited from export are deleted, and the technical contents that are restricted from export are adjusted.
The Chinese government has always adhered to the principle of opening up to promote development, adhere to the open cooperation of innovation capability, and strive to create a good environment for scientific and technological innovation and international cooperation, and promote the free flow of technological innovation elements. Since the 18th CPC National Congress, Chinas technology trade has developed steadily and rapidly. According to the statistics of the Ministry of Commerce, in 2013, Chinas technology export contract amount was US $20 billion, less than half of the import contract amount; in 2019, the technology export contract amount was US $32.1 billion, which was basically close to the import contract amount. Technology export not only optimizes Chinas export structure, but also promotes the industrial upgrading and economic development of relevant trading partners. In the future, we will further strengthen technical trade cooperation with other countries, continuously optimize the business environment for technology trade, and promote the healthy, orderly and sustainable development of Chinas technology trade.
2u3001 What are the main contents of this adjustment?
Secondly, five technical items that restrict the export of Newcastle disease vaccine technology, natural drug production technology, preparation and processing technology of functional polymer materials, chemical synthesis and semi synthetic drug production technology, and information security firewall software technology were deleted.
Third, 23 items of restricted export technology were added, including artificial breeding technology of agricultural wild plants, breeding and breed cultivation technology of cashmere goat, production technology of space materials, design and construction technology of large-scale high-speed wind tunnel, aerospace bearing technology and laser technology.
Fourth, the control points and technical parameters of 21 technical items were modified, involving the fields of crop breeding technology, aquatic germplasm breeding technology, chemical raw material production technology, biological pesticide production technology, spacecraft measurement and control technology, spatial data transmission technology, cartography technology, information processing technology, vacuum technology and other fields.
3u3001 This time, the Ministry of Commerce and the Ministry of science and technology only released the contents of the catalogue of Technologies Prohibited from export and restricted in China. How do you think about the catalogue? What are the future work plans?
At present, the Ministry of Commerce and the Ministry of science and technology are still promoting the revision of the catalogue in an orderly manner. In the next step, China will further delete and adjust the Chinas catalogue of Technologies Prohibited from exporting and restricting exports; at the same time, according to the administrative measures for Technologies Prohibited from importing and restricting imports, which was revised and released at the end of 2019, the catalogue of Technologies Prohibited from import and restricted by China will be greatly simplified to further highlight the role of market regulation.
The Chinese government attaches great importance to optimizing the business environment for technology trade and actively promotes the facilitation of technology trade. Since this year, the Ministry of Commerce has issued the notice on further facilitating the work of technology import and export during the period of epidemic prevention and control, actively promoting paperless registration of technology import and export contracts, and studying measures to relax restrictions on business entities of technology import and export. In the next step, the Ministry of Commerce will continue to launch more technology trade facilitation measures, constantly improve the technology trade promotion platform, and strengthen technical trade exchanges and cooperation with other countries in the world.
According to the regulations of the peoples Republic of China on the administration of technology import and export, technology export refers to the transfer of technology from Chinas territory to overseas 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 forms of technology transfer. In other words, the regulations of the peoples Republic of China on the administration of technology import and export shall be complied with, regardless of whether the technology is transferred to other countries by means of trade or investment.
Technology export can be divided into three categories: freedom, restriction and prohibition. Free technology is subject to post contract registration, while restricted technology needs to apply for license. Since 2007, the Ministry of Commerce has delegated the import and export licensing authority of restricted technologies to the competent commercial departments of provinces, autonomous regions and municipalities directly under the central government. After receiving the application for technology export, the competent department of Commerce shall examine it together with the competent department of science and technology, make a decision of approval or disapproval within 30 working days from the date of receiving the application, and issue a letter of intent for technology export license to the approved one. Only after the applicant has obtained the letter of intent, can the applicant carry out substantive negotiations and sign a technology export contract. After signing a technology export contract, the applicant must apply for a technology export license. The competent department of Commerce shall examine the authenticity of the technology export contract, make a decision on whether to license or not to license the technology export within 15 working days from the date of receiving the relevant documents. If the license is granted, the technology export license shall be issued. The technology export contract shall come into force on the date of issuance of the technology export license.