What regulations apply to the transfer of technology and know-how to Chinese entities?

In South Carolina, the China Business Ventures Law applies to the transfer of technology and know-how to Chinese entities. According to the law, it is unlawful for a person to transfer technology and know-how to a Chinese entity if the transfer “would allow the Chinese entity to benefit significantly more than similar transfers to entities outside of China”. The law also requires that before any transfers are made, the person transferring the technology must obtain a license from the South Carolina Department of Commerce. The license must include written assurances that the technology and know-how will only be used for lawful purposes and will not be used to gain unfair competitive advantages over U.S. businesses. Additionally, the license must include provisions that the technology and know-how will not be used to bypass U.S. export control laws, or to gain access to sensitive military and government information. Finally, the law contains provisions regarding the reporting of any changes or modifications that are made to the technology or know-how. All of these regulations must be adhered to for a successful transfer of technology and know-how to a Chinese entity.

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What regulations apply to the transfer of technology and know-how to Chinese entities?

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