China updates restricted tech imports list

China’s Ministry of Commerce (‘MOFCOM’) says it has updated its ‘Catalogue of Prohibited and Restricted Technology Imports’ in accordance with the Foreign Trade Law and the Regulations of the People’s Republic of China on the Administration of Technology Import and Export. The update came into effect from 5 November.

In 2009, MOFCOM explained that in reviewing whether technology is restricted for import, it shall consider: ‘

(1) Whether or not [the technologies] comply with Chinese foreign trade policies and benefit the development of foreign economic and technical cooperation;

(2) Whether or not [the technologies] comply with the duties committed by China to the outside world; and

(3) Whether or not [the technologies] cause adverse effect on the establishment and acceleration of establishment of specific domestic industries.’

It says a ‘technical review on restricted technology import’ shall include the following:

‘(1) Whether or not [the technologies] threaten state security, social public interests or public morality;

(2) Whether or not [the technologies] threaten the health or safety of human and life or health of animals and plants;

(3) Whether or not [the technologies] destroy environment; and

(4) Whether or not [the technologies] comply with national industrial policies and economic and social development strategy and benefit the promotion of Chinese technical progress and industrial upgrading and maintenance of Chinese economic and technical rights and interests.’

The list is available at: http://images.mofcom.gov.cn/fms/202111/20211108115006280.pdf but appears only to exist in a Mandarin Chinese version.