技术引进和设备进口贸易工作管理暂行办法 Administration of Trade in Importation of Technology and Equipment Tentative Pro

gn Trade Administration Authorities， which shall issue a Certificate of Amendment of a Technology and/or Equipment Import Contract upon verification of such declaration.

　　Article 23　On the basis of the registrations of the undertaking of or acting as agent for technology and/or equipment import projects and the registrations of contracts， the Ministry of Foreign Trade and Economic Co-operation will publish a list of Foreign Trade Units with excellent business achievements， from which enterprises can make a selection.

　　PART SIX　ADMINISTRATION OF INFORMATION CONCERNING THE IMPORT OF TECHNOLOGY AND EQUIPMENT

　　Article 24　Foreign Trade Administration Authorities shall， in accordance with the limits of their authority， collect， classify， store and analyze information concerning the import of technology and equipment by means of their administration of such imports and other appropriate methods.

　　Article 25　The Ministry of Foreign Trade and Economic Co-operation shall be responsible for consolidating， classifying， analyzing and storing information concerning the import of technology and equipment throughout the country， and for exchanging and jointly publishing information on the import of technology and equipment with the State's overall economic management authorities. The Ministry of Foreign Trade and Economic Co-operation shall also be responsible for providing information concerning the import of technology and equipment for purposes of State policy-making.

　　Article 26　Foreign Trade Units must report details of and information on technology and equipment imports to the Foreign Trade Administration Authorities in accordance with the above provisions， so as to provide a reliable basis for State decisions on overall policy.

　　PART SEVEN　LIABILITY AND PUNISHMENT

　　Article 27　Any Foreign Trade Unit that fails to adhere to administration procedures concerning the import of technology and/or equipment in accordance with these Procedures will be subjected to the following punishments by the Foreign Trade Administration Authorities， depending on the seriousness of the case：

　　1. circul

ation of a public notice of criticism；

　　2. suspension of its qualifications to undertake or act as agent for technology and/or equipment import projects in certain fields and industries；

　　3. suspension of its qualifications to undertake or act as agent for any technology and/or equipment import projects.

　　The above-mentioned punishments may be imposed concurrently.

　　Article 28　If a Foreign Trade Unit practices fraud in the registration of its undertaking of， or acting as agent for， a technology and/or equipment import project or when registering a technology and/or equipment import contract， the Foreign Trade Administration Authorities will impose the following punishments：

　　1. cancellation of its qualifications to undertake or act as agent for technology and/or equipment import projects；

　　2. cancellation of the registration of its technology and/or equipment import contract（s）， and declaration of such contract（s） as being void.

　　If the circumstances are so serious as to constitute a criminal offense， its criminal liability shall be pursued according to law.

　　Article 29　A Foreign Trade Unit which is dissatisfied with a decision to impose administrative punishment may apply for reconsideration to the Administrative Reconsideration Office of the Ministry of Foreign Trade and Economic Co-operation in accordance with the relevant procedures set forth in the PRC， Administrative Review Regulations.

　　Article 30　If working personnel of Foreign Trade Administration Authorities commit any violation of the law or breach of administrative discipline in the course of implementation of the system for administration of technology and equipment import contracts， their legal liability will be pursued according to law， or they will be subjected to administrative sanctions， in accordance with relevant laws and administrative regulations of the State.

　　PART EIGHT　SUPPLEMENTARY

　　Article 31　Where technology and/or equipment import projects have been included in the State's technology import plan and are controlled accordingly， and the arrangement of funding sources or funding channels for such projects is the responsibility of the State Planning Commission， the State Economic and Trade Commission or any of the authorities in charge of industries， the foreign-related business activities in connection with such projects shall be handled in accordance with the principles and procedures set forth in the Administration of Undertaking or Acting as Agents for State Technology or Equipment Import Projects Procedures （document （1995） Wai Jing Mao Ji Fa No. 135）。

　　Article 32　The Ministry of Foreign Trade and Economic Co-operation shall be responsible for the interpretation of these Procedures.

　　Article 33　These Procedures shall be effective as of the date of promulgation

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