(2) If the transferor is an individual or unit in Chinese mainland, and the transferee is a foreigner, foreign enterprise or other foreign organization, it shall issue a technology export license or a free export technology contract registration certificate issued by the the State Council commerce department, or a free export technology contract registration certificate issued by the local commerce department, and a transfer contract signed or sealed by both parties.
(3) If the transferor is a foreigner, foreign enterprise or other foreign organization and the transferee is an individual or unit in Chinese mainland, a transfer contract signed or sealed by both parties shall be submitted. Where an individual or unit in the mainland of China is the same transferor as a foreigner, foreign enterprise or other foreign organization, and the transferee is a foreigner, foreign enterprise or other foreign organization, the provisions of Item (2) of this Article shall apply; Where an individual or unit in the mainland of China is the same transferee as a foreigner, foreign enterprise or other foreign organization, and the transferor is a foreigner, foreign enterprise or other foreign organization, the provisions of Item (3) of this Article shall apply.