|
Circular of the Ministry of Foreign Trade and
Economic Cooperation
(MOFTEC) and the State Administration of Foreign Exchange (SAFE) on
Strengthening the Administration of Foreign Exchange Sale and Payment
Related to Technology Import Contracts
WaiJingMaoJiFa [2002] No.50
Commissions (departments or bureaus) of foreign trade and economic
cooperation of all provinces, autonomous regions, municipalities
directly under the Central Government and municipalities separately
listed on the State plan, all SAFE branches, exchange administration
offices in Beijing and Chongqing, SAFE branches in the cities of
Shenzhen, Dalian, Qingdao, Xiamen and Ningbo, and all designated
Chinese-funded foreign exchange banks:
The related issues on handling foreign
exchange sale and payment
procedures concerning technology import contracts are hereby
notified as follows in accordance with the Regulations of the
People''s Republic of China on the Administration of Technology
Import and Export (Decree [2001] No.331 of the State Council)
(hereinafter referred to as the Regulations), the Measures for the
Administration of Technologies Banned and Restricted from Import
(Decree [2001] No.18 of MOFTEC and the State Economic and Trade
Commission ), the Administrative Measures on Registration of
Technology Import and Export Contracts (Decree [2001 ] No. 17 of
MOFTEC), and the Circular on Issues Related to Strengthening the
Administration of Foreign Exchange Sale and Payment for Import of
Intangible Assets (HuiGuanHanZi [1998] No.092), with a view to
perfecting the administration of technology import contracts,
standardizing and safeguarding financial order, and preventing and
cracking down on foreign exchange evasion and frauds:
1. With regard to the import of any technology
restricted from
import (referring to such technology listed in the category of technologies
restricted from
import in the Chinese Catalogue of Technologies Banned and
Restricted from Import), presentation of the License for Technology
Import (See Attachment 1) issued by the department in charge of
foreign trade and economic cooperation and the Data Sheet of
Technology Import Contract (See Attachment 3) is required in
handling the procedures for foreign exchange sale and payment
related to the technology import contract. The procedures for
foreign exchange sale and payment may be handled only after
examination by the designated foreign exchange bank that finds no
error.
2. With regard to the import of any technology
that may be freely
imported (referring to such technology not listed in the Chinese
Catalogue of Technologies Banned and Restricted from Import),
presentation of the Certificate for Registration of Technology
Import Contracts (See Attachment 2) issued by the department in
charge of foreign trade and economic cooperation and the Data Sheet
of Technology Import Contract (See Attachment 3) is required in
handling the procedures for foreign exchange sale and payment
related to the technology import contract. The procedures for
foreign exchange sale and payment may be handled only after
examination by the designated foreign exchange bank that finds no
error.
3. The MOFTEC examines the contracts for technologies restricted
from import, issues the License for Technology Import and seals on
the Data Sheet of Technology Import Contract filled in by the
operating units according to the Regulations and the Measures for
the Administration of Technologies Banned and Restricted from
Import. While handling the foreign exchange sale and payment
procedures, the operating units use two original documents, namely,
the License for Technology Import and the Data Sheet of Technology
Import Contract. The banks fill in the amount and date of each
foreign exchange sale and payment and also affix the business seal
to related columns in the original document of the Data Sheet of
Technology Import Contract. The total amount of foreign exchange
sold and paid may not exceed the total contractual price of the Data
Sheet of Technology Import Contract.
4. The departments in charge of foreign trade and economic
cooperation at all levels register the contracts for technologies
that may be freely imported, issue the Certificate for Registration
of Technology Import Contract and seal on the Data Sheet of
Technology Import Contract filled in by the operating units
according to the Regulations and the Administrative Measures on
Registration of Technology Import and Export Contracts. While
handling the foreign exchange sale and payment procedures, the
operating units use two original documents, namely, the Certificate
for Registration of Technology Import Contract and the Data Sheet of
Technology Import Contract. The banks fill in the amount and date of
each foreign exchange sale and payment and also affix the business
seal to related columns in the original document of the Data Sheet
of Technology Import Contract. The total amount of foreign exchange
sold and paid may not exceed the total contractual price of the Data
Sheet of Technology Import Contract.
5. For any technology import contract regarded as an appendix of a
joint venture contract or articles of association when an enterprise
with foreign investment is established, the Data Sheet of Technology
Import Contract shall be filled in and sealed by the foreign
investment administrative department. When the foreign exchange sale
and payment procedures are handled, relevant approval documents and
the Data Sheet of Technology Import Contract shall be presented at
the same time. For any technology import contract signed by an
enterprise with foreign investment after its establishment, the
technology import contract examination or registration procedures
shall be handled according to relevant regulations.
6. Technology import contracts include: (1) contract for assignment
of patent right; (2) contract for transfer of patent application
right; (3) contract for patent implementation license; (4) contract
for license or transfer of exclusively-owned technology; (5)
contract for licensed use of computer software; (6) contract for
licensed use or transfer of trademark containing license of patent
or exclusively-owned technology; (7) cooperative for technological
service; (8) contract for technological consulting; (9) contract for
cooperative designing; (10) contract for cooperative research; (11)
contract for cooperative development; and (12) contract for
cooperative production.
7. The departments in charge of foreign trade and economic
cooperation at all levels shall check on strictly and supervise the
operating units to conscientiously fill in the Data Sheet of
Technology Import Contract so as to ensure full and genuine
reflection of the contents of the contract.
8. If any change happens to the contents of the Data Sheet of
Technology Import Contract, the operating unit shall handle the
change procedures at the original organ of registration. The
department in charge of foreign trade and economic cooperation shall
fill in and affix a seal to the Data Change Record Sheet of
Technology Import Contract (See Attachment 4), which shall be used
jointly with the original Data Sheet of Technology Import Contract
and other related approval documents.
9. The License for Technology Import Contract and the Certificate
for Registration of Technology Import Contract shall be printed in a
unified way by the MOFTEC, and the Data Sheet of Technology Import
Contract and the Data Change Record Sheet of Technology Import
Contract are subject to random printing.
10. The MOFTEC and the SAFE will establish an
online check system in
cooperation with related departments. Anyone who alters the
registration certificate or the contract data sheet without
authorization shall, once found, be severely punished according to
law.
11. This Circular shall take effect as from
March 1, 2002. For any
contract already registered and put into force before issuance of
this Circular but whose implementation has not yet been completed,
the original Certificate for Registration and Enter-into-Force of
Technology and Equipment Import Contract and the Data Sheet of
Technology Import Contract will continue to be valid till the end of
the contract validity. The original Supplementary Circular on
Strengthening the Administration of Technology Import Contracts and
Foreign Exchange Sale and Payment (WaiJingMaoJiFa [2001] No.98) and
the Circular on Implementing Relevant Provisions of the Circular on
Issues Related to Strengthening the Administration of Foreign
Exchange Sale and Payment for Import of Intangible Assets
(WaiJingMaoJiFa-HanZi [1998] No.50) shall be annulled at the same
time.
Attachments:
1. License for Technology Import of the People's Republic of
China (omitted)
2. Certificate for Registration of Technology Import Contract
(omitted)
3. Data Sheet of Technology Import Contract (omitted)
4. Data Change Record Sheet of Technology Import Contract
(omitted)
|
|