Those who unlawfully use or export "sensitive technologies" to benefit foreign countries, foreign institutions or foreign political entities would face a sentence of up to 10-and-a-half years in prison and/or a fine of up to NT$10 million, according to the draft bill of the national technology protection law (國家科技保護法).
The draft, which is listed as one of the Cabinet's priority bills in this legislative session, is scheduled to be approved by the Cabinet today.
Minister Without Portfolio Tsay Ching-yen (蔡清彥), who was in charge of reviewing the draft, said that the legislation aims to establish a mechanism to manage the exportation and openness of the nation's "sensitive technologies."
"For the sake of national security and the nation's technological competitiveness, it's necessary to establish a management mechanism to control the exportation of sensitive technologies and technological skills," Tsay said.
The draft bill defines "sensitive technologies" as those technologies which are protected by intellectual property rights, concern national security and give Taiwan a competitive edge in technology.
The proposed legislation would also regulate "sensitive technological skills," which are defined as scientific or technological formulas, methods, designs, manufacturing processes, data or prescriptions which have a commercial value because of their confidentiality.
Under the proposed legislation, the National Science Council (NSC) would become the agency responsible for supervising the enforcement of the new law, including determining what "sensitive" is. The proposal also calls for an cross-ministry committee to be established to help the council fulfill these responsibilities.
"Sensitive technologies" would be classified into three categories -- those which have significant impact on national security, those with a significant impact on technological competitiveness and those which impact national security or competitiveness to a lesser extent.
Individuals or institutions wishing to export or make available "sensitive technologies" or "sensitive technological skills" would have to obtain permission from the National Science Council.
Anyone convicted of violating the restrictions on technologies which have significant impact on national security would face one to seven years in prison and/or a NT$10 million fine.
Violating the restrictions on technological competitiveness would mean a jail sentence of up to three years and/or a NT$5 million fine. Violating the restrictions on technologies that impact national security or competitiveness to a lesser extent would result in a fine of between NT$50,000 and NT$500,000.
On March 29, Premier Yu Shyi-kun pledged to enact a law to legalize the export of sensitive high-technology to China when he announced that the government would conditionally allow chipmakers to transfer eight-inch wafer fabrication to China.
Yu also pledged to legalize the emigration of high-tech professionals from Taiwan who were interested in working in China.
In April the NSC came under heavy criticism from both industry and legislators when it released the first drafts of regulations on the export of advanced technology and on high-tech professionals wanting to work in China. Critics said the proposals would not only weaken the development of local industry but also create a negative image of Taiwan internationally.
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