The Executive Yuan Announced a List of “National Core Key Technologies” for the First Time

January 22, 2024

In order to prevent the core key technologies of Taiwan’s industries be illegally flowed into foreign countries thereby causing significant damage to national security and industrial interests, the Legislative Yuan amended and passed the full text of the National Security Act on May 20, 2022 and add

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In order to prevent the core key technologies of Taiwan’s industries be illegally flowed into foreign countries thereby causing significant damage to national security and industrial interests, the Legislative Yuan amended and passed the full text of the National Security Act on May 20, 2022 and added a new Article 3. This new article prohibits the infringement of the trade secrets of “national core key technologies." Any violation of the provision shall be subject to a special criminal penalty in accordance with Article 8 of the same.    

The term “national core key technologies” means: 1. those technologies that would seriously damage national security, industrial competitiveness, or economic development, if they are flowed into a foreign country, Mainland China, Hong Kong, Macau, or foreign hostile forces and, 2. Those that should be controlled on the basis of international convention and the needs of national defense, or in consideration of the security protection of national key infrastructures; or those that can cause the nation to generate leading technologies or significantly promote competitiveness of important industries; 3. Such technologies have become effective after promulgation of the Executive Yuan and have been submitted to the Legislative Yuan for recordation. (Paragraph 3 of Article 3 of the National Security Act)

The procedure for determination and other regulations for matters to be complied in respect of the national core key technologies shall be prescribed by National Science and Technology Council (hereinafter “NSTC”) after consulting with relevant authorities. (Paragraph 4 of Article 3 of the National Security Act) In this regard, the NSTC has formulated the "Measures for the Identification of National Core Key Technologies" and established the "National Core Key Technologies Review Committee" (hereinafter the "Core Key Technologies Review Committee"), which is responsible for the identification of, changes to, and review of other matters related to national core key technologies.

On November 14, 2023, the National Core Key Technologies Review Committee completed its convention, and, on December 5 of the same year, the Executive Yuan announced for the first time the list of “Items and the Competent Authority of National Core Key Technologies," which contains 22 technologies to become effective on the same day:

(Source: TheExecutive Yuan Gazette Online)

The list of itemsannounced in the first wave are technologies having dominant advantages andrequiring urgent protection, encompassing: 1. national defense technologies; 2.space; 3. agriculture; 4. semiconductors; and 5. information and communicationsecurity. The NSTC also indicated that it would subsequently work with therelevant ministries to collect opinions in response to changes in technologicaldevelopment. It is expected that a rolling review will be conducted threemonths after the Executive Yuan's announcement, and the second wave of the listwill be presented in March or April of this year (2024).

 

References:

The Executive Yuan Gazette Online announcing the“Items and the Competent Authority of National Core Key Technologies,”effective December 5, 2023   https://gazette.nat.gov.tw/egFront/detail.do?metaid=145536&log=detailLog

The NSTC News, announcing national core keytechnologies to strengthen the protection of trade secrets  https://www.nstc.gov.tw/folksonomy/detail/ab71317e-c22e-467a-b3a0-7515aa2bfe6e?l=ch