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

  
  2. About the Export of National Secret Technology

  
  Article 5 of the amended Measures has supplemented regulation on the export of national secret technology: before complying with a formality for exporting the technology which is restrained for export belonging to the national secret technology, in accordance with the Examination Regulations on the Export of National Secret Technology, the secret examination formalities shall be fulfilled first and meanwhile on production of Letter of Ratification of Secret Examination of National Secret Technology issued by the Secret Examination Department, in accordance with the amended Measures, application shall be made.

  
  3. About the Acceptance of the Examination

  
  Article 7 of the amended Measures has supplemented the procedural regulations on the examination acceptance by the administration subject: local commerce department shall transfer relevant materials to the local administrative responsible institution of technology within 5 working days upon the receipt of the Application Letter. Local administrative responsible institution of technology shall, within 15 days after receiving such Application Letter, organize experts to make examination on technology concerning the technology which will be exported and reflect the examination results to the local commerce department and the Department of Science and Technology for the record.

  
  This article regulates the administration operation of the local commerce department on the procedure of administration, which makes the time of acceptance and examination more specific, clear and embodies the openness and transparency of exercising the power of administration. For applicants, specific time of acceptance and examination are very important information.

  
  4. About the Regulations on the Customs Clearance Management and Supervision

  
  According to Article 8 of the amended Measures: for project for exporting restrained technology which is approved for exporting, Technology Export License shall be provided when handling matters concerning the Customs rather than the customary Customs List and after the approval of Customs, relevant formalities for clearance can be performed. According to Article 19 of the amended Measures: both the Commerce Department and the Department of Science and Technology shall be in charge of the supervision and check on the licensing of exporting technology which is conducted by the local Commerce Department and Department of Science and Technology and meanwhile put emphasis on the training and guidance of the management of exporting restrained technology.


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