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

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


仲奕;倪佳


【全文】
  
  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:

  
  1. The Changes on the Subjects of the Administration Management

  
  Through the comparison of Article 4 and 6, we find that the subjects of the exporting license organ for restraining the exporting of technology have been changed from Ministry of Foreign Trade and Economic Cooperation to the commerce department of provinces, autonomous regions and municipalities where the proprietor who exports the technology is located (i.e. local commerce department) and administrative responsible institution of technology of provinces, autonomous regions and municipalities (i.e. local administrative responsible institution of technology).

  
  The original Measures has been conducted from 2002 till now. The concept of the new Measures, judging from the nature of legislation, has been changed from encouraging the export of technology to regulating the export of technology. Through the 7-year development, the regulation of exporting technology of our country has become more and more mature and the original administrative subjects has been changed from the central functional departments to the local ones.


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