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 in Oregon under the China Business Ventures Law. The Law requires that transfers of technology and know-how to Chinese nationals must be done for a “legitimate business purpose”. The transfer must also have public benefit in Oregon, such as job creation or economic growth. If a transfer does not meet the criteria of having public benefit, the Oregon Secretary of State has the power to deny the transfer. In addition, any transfer of technology or know-how to a Chinese national must receive prior approval by the Oregon Secretary of State. If the technology or know-how falls under a list of restricted item categories, as specified in the law, then a special permitting process must be followed. This process includes filing an application with the Secretary of State and obtaining a license prior to the transfer. The Oregon Secretary of State administers the China Business Ventures Law and ensures that transfers of technology and know-how to Chinese nationals are reviewed carefully. The Secretary of State also has the authority to revoke a license if the transfer is deemed to not serve the public interest in Oregon. All transfers of technology and know-how to Chinese nationals in Oregon must strictly comply with the China Business Ventures Law in order to be approved.

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