The Executive Yuan Passed the Draft of “Sensitive Technology Protection Law” 12-inch Wafer and Transgenic May be Restricted for Exporting.

The Executive Yuan yesterday (13) passed the draft of “Sensitive Technology Protection Law”.  Once the draft is inspected and passed by the Legislative Yuan, National Science Council will announce the restricted items of sensitive technology according to the law.  The chief of National Science Council, Wu Mao-Kun (吳茂昆) indicated, the 12-inch wafers in semiconductors, 0.13 micron process, Satellite 2 micron resolution and transgenic are likely to be included in the field of restricted exporting of sensitive technology.  In the future, individual cases will be established by meetings organized by campus-industry-government. 

 

According to the context of the draft, the definition of specialized scientific technology refers to “aside from academic research, the scientific technology, methods, system programs, designs, processes, data, ingredients and etc. that may be used in manufacturing or trading and match the following three requirements and may result in great influence on national security and public interests.”  The three requirements must at the same time, comply with: 1. unknown to those who are not involved in the said information; 2. must have actual or potential economic values due to its secrecy; 3. the right holder has taken reasonable and confidential procedures.

   

The future items of sensitive scientific technology will be stipulated and announced by National Science Council.  The sensitive technology listed will have to be permitted before exporting or publicizing.  National Science Council will restrict as few item as possible.  Hours for regular inspections will shorten, possibly once in every three to six months so that the technology may forward through time.  To avoid affecting the will of overseas investment, it is specially stipulated that the exporting between branch offices, subsidiaries and parent companies established in our or other countries is inapplicable to such restriction.

 

In the future, a natural person who exports or publicizes the sensitive technology without permission will be sentenced to imprisonment for 7 years, detention or in lieu of which a fine not more than 10 million NT dollars.  Those who export or publicize without permission purposefully and knowingly that it may be advantageous to the government of another country or region will be doubled with punishment, which may reach 10 and a half years of imprisonment and a fine of 15 million NT dollars for the heaviest.  Other than personal punishment, a corporation can be penalized with the same amount of fine if not preventing the commitment of crimes.  (2005.4)

CYJ/CHT