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Comments on the Amendments to the Administrative Measures for the Registration of Technology Import and Export Contracts (2009)

Submitted by Michael Ni on Tue, 05/26/2009 - 11:10

Author: Ni Jia [Shanghai Runhe Law Firm]

According to the Regulations of the People's Republic of China on Administration of Import and Export of Technologies, the Commerce Department promulgated the amended Administrative Measures for the Registration of Technology Import and Export Contracts (hereinafter referred to as Administrative Measures) by the 3rd Order of 2009 on February 1, 2009, which will come into effect in 30 days after it is promulgated. The Administrative Measures for the Registration of Technology Import and Export Contracts (Order No.17 [2001] of the former Ministry of Foreign Trade and Economic Cooperation) shall be abolished simultaneously.

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Comments on the Amendments to the Measures of Export Prohibitions and Restrictions on Technology （2009）

Submitted by Zhong Yi on Mon, 05/25/2009 - 13:28

Author: Zhong Yi, Ni Jia [Shanghai Runhe Law Firm]

According to Foreign Trade Law of the People's Republic of China and Measures of Technology Import and Export of the People's Republic of China, the second Order of Commerce Department and Ministry of Science and Technology of 2009 issued on April 20, 2009 promulgated the amended Measures of Export Prohibitions and Restrictions on Technology (hereinafter referred to as Measures) which came into effect on May 20, 2009. The Measures of Export Prohibitions and Restrictions on Technology (the original 14th Order of Ministry of Foreign Trade and Economic Cooperation and Ministry of Science and Technology) promulgated on December 30, 2001 simultaneously becomes annulled.

The amended Measures is mainly modified on the following aspects:

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Summary of Provisions Concerning Certification for High and New Tech Enterprise

Submitted by Katherine on Sun, 05/10/2009 - 19:57

Part One    Departmental Rules

1.  Notice of the General Office of the General Administration of Press and Publication on Relevant Issues Concerning the Determination of High and New Tech Enterprise in Press and Publication Industry [2008.12.31]

2.  Notice of the Ministry of Science and Technology, Ministry of Finance and State Administration of Taxation on Doing a Good Job in Determination of High and New Tech Enterprises in 2008 [No. 705 [2008] of the Ministry of Science and Technology] [2008.11.27]

3.  Notice of the Ministry of Science and Technology, Ministry of Finance and State Administration of Taxation on Printing and Distributing “the Working Guidelines for Determination of High and New Tech Enterprises” [No. 362 [2008] of the Ministry of Science and Technology] [2008.07.08]

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Determination of High and New Tech Enterprise

Submitted by Michael Ni on Tue, 05/05/2009 - 15:07

Author: Zhong Yi, Michael Ni; [Shanghai Runhe Law Firm]

According to the “Administrative Measures for Determination of High and New Tech Enterprises”, the following conditions shall be simultaneously satisfied for an enterprise to be determined as a high and new tech enterprise:

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China Revised the Catalogue of Export Prohibited and Restricted Technologies

Submitted by Zhong Yi on Sun, 09/28/2008 - 22:01

On September 16, 2008, PRC Ministry of Commerce (MOFCOM) and the Ministry of Science and Technology (MOST) jointly released the revised Catalogue of Export Prohibited and Restricted Technologies (Catalogue). In accordance with the Announcement No.12, 2008 of MOFCOM and MOST, the Catalogue shall come into force as of November 1, 2008.

For export purposes, technologies fall into three categories --- non-restricted, restricted and prohibited as stipulated in:

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