Are there any restrictions on the transfer of technology and know-how to Chinese nationals?
Yes, there are restrictions on the transfer of technology and know-how to Chinese nationals under the China Business Ventures Law in Massachusetts. The law specifically states that technology and other information that would require a license from the US Government in order to export, including software, encryption technology, source code, and technical details relating to items or services that are subject to US export controls, is prohibited from being transferred to a Chinese national unless the applicable license or other authorization has been obtained. In addition, any such technology and other information may not be transferred to a Chinese national without the prior written permission of the relevant US Government agency, and only on terms that are consistent with US laws and regulations. Furthermore, any transfers of such technology and other information must be documented and kept on file at the entity engaging in the transfer. These restrictions are necessary to prevent the illegal transfer of sensitive technology and other information to China.
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