Are there any restrictions on the transfer of technology from Chinese companies?

Yes, there are restrictions on the transfer of technology from Chinese companies when it comes to doing business in South Dakota. According to South Dakota’s Business Ventures Law, Chinese companies are prohibited from transferring certain types of technology to the United States without approval from American authorities. Technology that is considered a “Critical Technology” is absolutely prohibited from being transferred to any American business or individual, and that includes South Dakota businesses. For example, any technology related to “military or defense articles” are strictly forbidden. This includes, but is not limited to, software, hardware, technology related to aerospace, nuclear weapons and defense equipment, and any other technology related to the creation of these items. Additionally, technology related to “intelligence or counterintelligence” is also prohibited. Chinese companies are also prohibited from transferring any technology to South Dakota businesses that is owned or controlled by a foreign country or instrumentality. This means that any technology owned by the Chinese government is prohibited from being transferred. Any transfer of these types of technologies would need to be approved by the United States government before they can be used by a South Dakota business. In all, the South Dakota Business Ventures Law has a number of restrictions on the transfer of technology from Chinese companies. These restrictions are in place in order to protect the United States and South Dakota economies from potential threats posed by foreign entities.

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