Ministry of Foreign Trade and Economic Cooperation and State Administration of Foreign Exchange, Strengthening the Administration of Sale and Payment of Foreign Exchange in Connection with Technology Import Contracts Circular

Issued: February 20 2002
Effective: March 1 2002
Applicability: For the purposes of the Circular, technology import contracts include patent transfer contracts, contracts for the transfer of the rights to apply for a patent, patent licensing contracts, proprietary technology licensing or transfer contracts, computer software licensing contracts, trademark licensing or transfer contracts that incorporate patent or proprietary technology licences, technology service contracts, technology consulting contracts, cooperative design contracts, cooperative research contracts, cooperative development contracts and cooperative production contracts (Item Six).

Main contents: The Circular provides that completion of the sale and payment of foreign exchange procedures in connection with a technology import contract requires a Technology Import Licence and a Technology Import Contract Data Sheet when the technology imported belongs to the restricted import category of the Technology Prohibited or Restricted from Import by China Catalogue (the Catalogue) (Item One). When the technology imported is not included in the Catalogue, such foreign exchange procedures require a Technology Import Contract Registration Certificate and a Technology Import Contract Data Sheet (Item Two). In the case of a foreign investment enterprise whose establishment involves a technology import contract, the related approval document must also be presented (Item Five).
Related legislation: PRC, Administration of Technology Import and Export Regulations, Dec 10 2001, CLP 2002 No.1 p56; Administration of Technology Prohibited or Restricted from Import Procedures, Dec 30 2001, CLP 2002 No.1 p18; Administration of the Registration of Technology Import and Export Contracts Procedures, 2001; Relevant Questions Concerning Strengthening Administration of the Sale and Payment of Foreign Exchange for Imports of Intangible Assets Circular, Mar 20 1998, CLP 1999 No.1 p7 and Technology Prohibited or Restricted from Import by China Catalogue (First Batch), Dec 30 2001
Repealed legislation: Strengthening the Administration of Technology Import Contracts and Sale and Payment of Foreign Exchange Supplementary Circular, Mar 19 2001, CLP 2001 no.6 p8 and Relevant Provisions Concerning the Implementation of the «Relevant Questions Concerning Strengthening Administration of the Sale and Payment of Foreign Exchange for Imports of Intangible Assets Circular»Circular, 1998