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What Technologies Are Prohibited or Restricted From Import or Export in China?-CTD 101 Series

Fri, 12 May 2023
Contributors: Zhao Jing
Editor: C. J. Observer

Contributed by Ms. Zhao JingHylands Law Firm. For more posts about China Customs Affairs, please click here.

China has adopted catalog management for goods and technologies prohibited and restricted from import and export. Chinese enterprises must comply with relevant laws and regulations.

I. Technologies prohibited from import and export

Any enterprise or individual that imports or exports technologies prohibited from import and export shall bear corresponding legal liabilities.

1. Technologies prohibited from import

Since certain technologies can endanger national security, public interest, public morality, personal safety, and the environment after entering China, China includes them in the import prohibition list. So far, China prohibits importing technologies in the fields of ferrous metallurgy, nonferrous metal metallurgy, chemical industry, petroleum refining, petrochemical industry, fire protection, electrical engineering, pharmaceutical industry, construction materials, etc.

2. Technologies prohibited from export

Currently, the technologies included in the export prohibition list involve dozens of industry fields, such as livestock farming, mining engineering, Chinese herbal resources and production, spacecraft measurement and control, integrated circuit manufacturing, traditional Chinese architecture, and spatial data transmission.

II. Technologies restricted from import and export

Any enterprise or individual shall obtain licenses for importing or exporting technologies restricted from import and export. Besides, the party involved shall take the initiative to submit the relevant license to the customs regarding imports or exports. Otherwise, they will bear legal liability.

1. Technologies restricted from import

When importing technologies that are restricted from entering China, importers shall apply to China’s Ministry of Commerce (MOFCOM) for permission to import technologies. Currently, China restricts the import of technologies mainly in the fields of biology, chemical industry, petroleum refining, and minting.

2. Technologies restricted from export

When exporting technologies that are restricted from export, exporters shall apply to the MOFCOM for permission and cannot export without official permission. Presently, the technologies restricted from export mainly involve the fields of textile, papermaking, pharmaceutical manufacturing, metal products, and general and special equipment manufacturing.

III. Freely imported and exported technologies

Except for the technologies prohibited or restricted from import and export, all others can be imported and exported freely. However, importers and exporters shall register with the MOFCOM for contract filing.

 

Contributor: Zhao Jing

Agency/Firm: Hylands Law Firm

Position/Title: Partner

 

 

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Photo by Adi Goldstein on Unsplash

Contributors: Zhao Jing

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