[Chapter-delegates] TikTok and related US actions

[Dave Burstein]

Mike and folk

Here are the official Chinese answers to what the regulations are.

http://netpolicynews.com/index.php/89-r/1266-china-s-security-rules-protecting-tiktok
China's security rules protecting TikTok
<http://netpolicynews.com/index.php/89-r/1266-china-s-security-rules-protecting-tiktok>
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[image: China trade restrictions 230]Trump isn't the only one who can use
bogus security claims in a trade war. The Chinese have now declared
TikTok's software essential for protecting national security. All
governments lie, I.F. Stone taught my generation.

Every Chinese schoolchild learns about the "unequal treaties" imposed after
the Opium Wars, including the American role. They have resolved "Never
again." The attempt by the U.S. to hold back the Chinese economy will be
resisted as fiercely as the Chinese resisted in Korea.

We will ultimately lose, a good reason to end this as soon as possible.

>From Sina.com
<https://tech.sina.com.cn/d/2020-08-29/doc-iivhvpwy3758832.shtml> in Google
translation
According to the "Regulations of the People's Republic of China on the
Administration of Technology Import and Export", all technologies involved
in the transfer of technology abroad, whether through trade, investment or
other means, must strictly abide by the "Regulations of the People's
Republic of China on the Administration of Technology Import and Export".
For technology export, you must apply for a technology export license to
the provincial commerce department, and only after obtaining approval can
you conduct substantive negotiations and sign a technology export contract.
The responsible comrades of the Service and Trade Department of the
Ministry of Commerce answered reporters' questions on the "Catalogue".

1. What are the background and main considerations for the adjustment of
the Catalogue?

According to the Regulations of the People’s Republic of China on the
Administration of Technology Import and Export, the Ministry of Commerce,
in conjunction with the Ministry of Science and Technology, formulates,
adjusts and publishes a catalog of technologies that prohibit or restrict
exports. The main purpose is to standardize technology export management,
promote technological progress and foreign economic and technological
cooperation, and safeguard the national economy. Safety. The last revision
of the Catalogue was in 2008, more than 10 years ago. With the rapid
development of science and technology and the continuous improvement of my
country's scientific and technological strength and industrial
competitiveness, it is imperative to adjust the Catalogue in a timely
manner in accordance with international practices. This time, the
"Catalogue" has removed four technical items that are prohibited from
exporting, and adjusted the technical content that restricts exports. The
Chinese government has always insisted on opening up to promote
development, insisting on open cooperation in innovation capabilities, and
committed to creating a good environment for technological innovation and
international cooperation, and promoting the free flow of technological
innovation elements. Since the 18th National Congress of the Communist
Party of China, my country's technology trade has developed steadily and
rapidly. According to statistics from the Ministry of Commerce, in 2013,
China's technology export contract value was 20 billion US dollars, less
than half of the import contract value; in 2019, the technology export
contract value was 32.1 billion US dollars, which is basically close to the
import contract value. Technology export not only optimizes my country's
export structure, but also promotes the industrial upgrading and economic
development of related trading partners. In the future, we will further
strengthen technology trade cooperation with countries around the world,
continuously optimize the technology trade business environment, and
promote the healthy, orderly and sustainable development of my country's
technology trade.

2. What are the main contents of this "Catalogue" adjustment?

The adjustment of the "Catalogue" has successively solicited opinions from
relevant departments, industry associations, industry academic circles and
the public, involving a total of 53 technical items: First, delete
microbial fertilizer technology, caffeine production technology, riboflavin
production technology, and vitamin fermentation technology 4 items of
technology prohibited from export. The second is to delete 5 technical
items that restrict exports, including Newcastle disease vaccine
technology, natural medicine production technology, functional polymer
material preparation and processing technology, chemical synthesis and
semi-synthetic medicine production technology, and information security
firewall software technology. The third is to add 23 new export-restricted
technical items including artificial breeding technology of agricultural
wild plants, cashmere goat breeding and breed breeding technology, space
material production technology, large-scale high-speed wind tunnel design
and construction technology, aerospace bearing technology, and laser
technology. Fourth, the control points and technical parameters of 21
technical items have been modified, involving crop breeding technology,
aquatic germplasm breeding technology, chemical raw material production
technology, biological pesticide production technology, spacecraft
measurement and control technology, space data transmission technology, and
map mapping. Technology, information processing technology, vacuum
technology and other fields.

3. This time the Ministry of Commerce and the Ministry of Science and
Technology have only released the adjusted content of the "Catalogue of
Technologies Prohibited and Restricted from Exporting China". What are your
considerations for the "Catalogue of Technologies Prohibited and Restricted
from Importing China"? What are the future work plans?

At present, the Ministry of Commerce and the Ministry of Science and
Technology are still proceeding with the revision of the catalog in an
orderly manner. In the next step, the "China Catalog of Technologies
Prohibited and Restricted on Exports" will be further deleted and adjusted;
at the same time, in accordance with the "Administrative Measures on the
Prohibition of Imports and Restricted Technologies" issued at the end of
2019, the "Catalogue of Technologies on Prohibited and Restricted Imports
of China" will be greatly streamlined to further highlight The role of
market regulation. The Chinese government attaches great importance to
optimizing the business environment for technology trade and actively
promotes the facilitation of technology trade. Since the beginning of this
year, the Ministry of Commerce has issued the "Notice on Further
Facilitating Technology Import and Export During the Period of Epidemic
Prevention and Control", actively promote the paperless registration of
technology import and export contracts, and study measures to relax
restrictions on technology import and export business entities. In the next
step, the Ministry of Commerce will continue to introduce more technology
trade facilitation measures, continuously improve the technology trade
promotion platform, and strengthen technology trade exchanges and
cooperation with countries around the world.

4. How to define technology export and what are the specific forms? How do
companies need to apply if they export restricted technologies?

According to the "Regulations of the People's Republic of China on the
Administration of Technology Import and Export", technology export refers
to the transfer of technology from within my country to abroad through
trade, investment or economic and technological cooperation, including the
transfer of patent rights, the transfer of patent application rights, and
patent implementation licenses. , Technology secret transfer, technology
service and other methods of technology transfer. In other words, all the
transfer of technology abroad, whether it is through trade or investment,
etc., must comply with the "Regulations on the Administration of Technology
Import and Export of the People's Republic of China." Technology export is
divided into three categories: freedom, restriction and prohibition. Free
technology is subject to post-contract registration and filing, and the
import and export of restricted technology requires a license. Since 2007,
the Ministry of Commerce has delegated the import and export licensing
authority of restricted technologies to the competent commercial
departments of all provinces, autonomous regions, and municipalities
directly under the Central Government. After receiving the technology
export application, the competent commerce department will review it in
conjunction with the competent science and technology department, and make
a decision on approval or disapproval within 30 working days from the date
of receipt of the application, and issue a "Letter of Intent for Technology
Export License" to those approved. Only after the applicant obtains the
letter of intent, can it conduct substantive negotiations and sign a
technology export contract. After signing the technology export contract,
the applicant must apply for a "technology export license". The competent
commerce department shall review the authenticity of the technology export
contract, and within 15 working days from the date of receipt of the
relevant documents, make a decision on whether to permit or disapprove the
technology export, and if the permit is granted, a "technology export
license" will be issued. The technology export contract shall take effect
on the date of the issuance of the technology export license..
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