Are there any restrictions on the transfer of technology and know-how to Chinese nationals?

In North Carolina, there are restrictions on the transfer of technology and know-how to Chinese nationals. The China Business Ventures Law, which was enacted in 2020, requires businesses operating in North Carolina to obtain approval from the North Carolina Department of Commerce before engaging in certain transactions with Chinese nationals. Specifically, the Law requires that businesses obtain written approval before transferring any technology or know-how to a Chinese national. The Department of Commerce will consider whether the transfer would result in the transfer of technology that is sensitive or proprietary to the United States or its technology base. Additionally, the Commerce Department will also consider the potential harm to the national security of the United States if the technology is transferred. It is important to note that the Law does not restrict technology and know-how transfers to Chinese nationals in all situations. Businesses can still conduct such transactions as long as the transfer is necessary for the performance of a contract or the development of a business relationship. In conclusion, the China Business Ventures Law does place restrictions on technology and know-how transfers to Chinese nationals in North Carolina. Businesses must obtain written approval from the Commerce Department before engaging in such transactions. However, the Law does not restrict such transfers in all circumstances.

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Are there any restrictions on the transfer of technology and know-how to Chinese nationals?

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