Taiwan Announces National Core Key Technologies List

The amended third paragraph of the National Security Act, as revised on June 8, 2022, provides:

"The term 'national core key technologies' in the first paragraph refers to technologies that, if leaked to foreign countries, Mainland China, Hong Kong, Macau, or hostile foreign forces, would cause significant harm to national security, industrial competitiveness, or economic development, and that meet one of the following conditions. These technologies shall take effect upon public announcement by the Executive Yuan and shall be submitted to the Legislative Yuan for record-keeping:

Technologies that should be controlled due to the requirements of international treaties, national defense, or the security protection of national critical infrastructure.

Technologies that could enable Taiwan to develop leadership-level capabilities or significantly enhance the competitiveness of key industries."

The fourth paragraph of the same article states:

"The procedures for identifying national core key technologies and other compliance requirements shall be formulated by the National Science and Technology Council (NSTC) in consultation with relevant agencies."

Pursuant to the above provisions, the NSTC promulgated the "Regulations on the Identification of National Core Key Technologies" on April 26, 2023, to define the scope of such technologies. Under these regulations, the NSTC established the Core Key Technology Review Committee and the National Core Key Technology Office. Technologies designated as core key technologies undergo an initial review by the Technology Office, followed by deliberation by the Review Committee, and are then publicly announced by the Executive Yuan.

The Core Key Technology Review Committee convened on November 14, 2023, and the Executive Yuan subsequently announced on December 5, 2023, a list of 22 national core key technologies. The first wave of this list comprises technologies deemed to possess dominant advantages and urgent protection needs.

Once the core key technology list is announced, a chain reaction follows. Individuals who have received government funding for research projects involving national core key technologies must obtain prior approval before traveling to Mainland China during their employment and for up to three years after resignation.

If the designated technologies involve trade secrets, they will also be protected under the Trade Secrets Act. Under the new provisions of the Intellectual Property Case Adjudication Act, jurisdiction over such cases shall fall under the Intellectual Property and Commercial Court.