To safeguard the nation's technological edge, the Executive Yuan is scheduled to approve the long-anticipated draft bill of the National Protection Law (國家科技保護法) today.
Minister Without Portfolio Tsay Ching-yen (
"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.
In accordance with a request from the Ministry of Education, the bill will not apply to the academic field.
The Cabinet failed to approve an earlier draft of the bill on Sept. 24 when the education ministry argued that the ban would violate freedom of academic study if it was to apply in academic circles.
The new draft bill would define "scientific technology" as non-academic related scientific technology which would include scientific or technological formulas, methods, designs, manufacturing processes, data or prescriptions which have a commercial value because of their confidentiality.
The proposed legislation would also define "sensitive scientific technology" as the above mentioned scientific technology that have significant impact on national security.
Under the proposed legislation, the National Science Council (NSC) would become the agency responsible for the enforcement of the new law, including determining what information would be defined as "sensitive".
The proposal also calls for an cross-ministry committee to be established to help the council fulfill these responsibilities. One third of the total number of the council members would have to be experts, academics or people from the technological industries.
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$15 million.
Individuals exporting or make available "sensitive scientific technology" without the government's authorization would face a sentence of up to seven years or a fine of up to NT$10 million.
Those who steal, unlawfully obtain, leak, damage, hide or delete scientific technology would face a sentence of up to five years in prison or a fine of up to NT$10 million.Those who accept, transport, keep or buy scientific technology which is stolen or unlawfully obtained would face the same punishment.
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