China revised the Catalogue Technologies Prohibited or Restricted from Export

On August 28, 2020, China issued a revised Catalogue of Technologies Prohibited and Restricted from Export. Unlike the Catalogue of technologies prohibited or restricted on September 16, 2008, the New version deleted 4 prohibited items and 5 restricted clauses, also added 23 restricted items of the catalogue. Furthermore, the new catalogue modified 21 items of technology, such as crop breeding, chemical raw material production, biological pesticide production, spacecraft measurement and control, space data transmission as well as mapping and information processing.

Why China revised the Catalogue of Technologies from export

The Ministry of Commerce (MOFCOM) and the Ministry of Science and Technology (MOST) of the PRC jointly issued the Revised Catalogue on September 16, 2008.  The Revised Catalogue 2008 replaces the previous one issued in 2001, is designed to further regulate the export of technologies and guide the export activities of enterprises in China.

There are many reasons behind the Revised Catalogue’s prohibition of the export of certain technologies. To protect national security, computer technology,  information processing and also the life or health of people, animals, and plants, etc. So, compliance with Chinese laws, and regulations, and governing international treaties and agreements are very important.

For example, under the item of information processing technology of computer service industry with export restriction, the newly added item 21 on “personalized information push service technology based on data analysis” and item 18 on “artificial intelligence interactive interface technology” and other control points may involve the company’s technology.

Professor Cui Fan at the University of International Business and Economics observed that the 2 items under the category of technology of the computer service industry. Hence, ByteDance, the parent company of TikTok, will need to comply with approval procedures under China’s latest revision of Technologies from export that is subject to export prohibitions or restrictions, concerning the planned selling of the video-sharing app’s U.S. operations. Therefore, TikTok assets can’t be actually sold without China’s Government Approval.

How to import the Technologies Product from China

In China, the Technologies that are neither prohibited nor restricted may be freely exported in the world, but not for all enterprises. Meanwhile, the Export Companies in China must obtain the export licenses firstly for restricted technologies from the government, then they can Legally export the technologies to other countries.

If you want to import technologies from China, you should know how to set up a trading company in China and how to verify the Chinese company legally.

Technologies Prohibited and Restricted from Export  2020

According to the Foreign Trade Law and the relevant regulations and measures issued under it, China recognizes three categories of technology for the purpose of export: prohibited, restricted and permitted.

MOFCOM and MOST also said that they will further shorten the catalogue to facilitate technology trade and promote international exchanges and cooperation in the technology trade.

Chinese Edition of Technologies Prohibited and Restricted from Export

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