Contributed by Ms. Zhao Jing, Hylands 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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Contributors: Zhao Jing
