(Mar. 9, 2009) On February 1, 2009, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) issued new Measures on the Administration of Registration of Contracts for the Import and Export of Technology, to take effect 30 days after the date of issuance. The former Measures, which entered into force on January 1, 2002, are simultaneously repealed. (The MOC Issued a New Version of the Measures on Registration Administration of Contracts of Import and Export of Technology, 5 iSINOLAW WEEKLY (Feb. 16-22, 2009), via e-mail from [email protected]; Measures on the Administration of Registration of Contracts for the Import and Export of Technology (MOFCOM Decree No. 3 of 2009) [in Chinese], Central People's Government of the PRC website, Feb. 4, 2009, available at http://www.gov.cn/flfg/2009-02/04/content_1221640.htm.) The Measures apply to technology that can be freely imported and exported; the competent departments of the MOFCOM are responsible for handling the registration of contracts for such technology.
The Measures newly provide a time limit for the registration of all import/export technology contracts (except those involving a royalty payment) that must be registered: within 60 days after the effective date of the contract, at a dedicated MOFCOM webpage. It is clearly stipulated in the Measures that “the registration requirement does not affect the validity of a contract between private parties in freely tradable technologies which are effective upon execution” therefore, the registration requirement is “an ex post facto registration rather than a prior approval requirement.” (Lester Ross, Robert Woll, & Kenneth Zhou, New Rules on the Registration of Technology Import and Export Contracts, EMAIL ALERTS, Feb. 20, 2009, available at http://www.wilmerhale.com/publications/whPubsDetail.aspx?publication=8797; Measures for the Registration and Administration of Technology Import and Export Contracts, CHINESE BUSINESS LAW BLOG, Feb. 23, 2009, available at http://www.chinabusinesslawblog.com/2009/02/measures-for-registration-and.html
The Measures also clarify the procedures to be followed if any revision requiring registration is made to the particulars of a registered import/export technology contract. They now specify, for example, the type of form that must be filled out and the time limit (three days from the date of receipt of the application material) in which the commerce department must complete the process. (iSINOLAW, supra.)