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CHINA

Reported in 2012

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Open and transparent standard-setting process
Lack of foreign participation in standard-setting
It is reported that most of the standards are drafted by the Chinese government alone, without foreign or public input. Even if foreign companies are allowed to sit in on the drafting process, they do not have a vote when the technical committees actually vote on a draft standard. In recent years, existing technical committees continue to develop standards but more foreign participation is being allowed in some cases. For example, the technical committee for cybersecurity standards has begun allowing foreign companies to participate in some standards development and setting, with a few U.S. and other foreign companies being allowed to vote and to participate at the working group level in standards development. However, foreign companies’ ability to participate in technical committee activities remains restricted.
China is also increasingly developing and mandating national algorithms for its encryption technology that differ from global standards. These standards are developed in technical committees that are closed to foreign participation.
The Chinese government has also supported the development of mandated domestic radio frequency identification (RFID) standards, without international participation or consensus, despite the fact that global standards for RFID already exist.
Coverage Horizontal

CHINA

Since 2001, amended in 2007, 2008 and 2020

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Export restrictions on ICT goods or online services
Announcement [2020] No. 38 to amend the Catalogue of Technologies Prohibited or Restricted from Export关于调整发布《中国禁止出口限制出口技术目录》的公告公告[2020]第38号
Announcement No. 38 amends the Catalogue of Technologies Prohibited or Restricted from Export adding 23 categories of technologies to the list of technologies restricted from export, modifying the control parameters of 21 categories of technologies already included on such list. The announcement also removes certain products from the prohibited and restricted list including informational security firewall technology. The export of restricted products can only be undertaken pursuant to obtaining permission from the Chinese government, while export of technologies such as AI and interactive interface technologies is prohibited. Newly added categories of technologies, the export of which is restricted as a result of the amendments, include cryptographic security technologies, information countermeasure and defense technologies, 3D printing technologies, laser technologies, cryptographic chip design and implementation technology, information processing technology, basic software security enhancement technology, among others.
Coverage Several technologies, including 3D printing, cryptographic chip design and implementation, information processing, basic software security enhancement

CHINA

Reported in July 2016

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Export restrictions on ICT goods or online services
Export restrictions on rare-earths
It is reported that China imposes a set of export restrictions, including export duties and export quotas, on selected raw materials: graphite, cobalt, copper, lead, chromium, magnesia, talcum, tantalum, tin, antimony, and indium. Some of these raw materials (e.g. graphite, copper, tin, and indium) are used to produce smartphones and batteries. The export restrictions limit access to these products for companies outside China. In addition, a draft regulation on rare earths is pending approval to provide for total quota control over rare-earth mining, smelting, and separation, and the approval system for investment projects of rare earths.
Coverage Rare-earths

CHINA

Reported in 2015

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Export restrictions on ICT goods or online services
Licensing regime for imports of drones and supercomputers
It is reported that China limits exports of advanced drones and supercomputers for national security reasons. Affected vendors have to apply for a government permit to ship their technology outside China.
Coverage Drone and high-performance computing technologies

CHINA

Since April 2016
Since June 2017
Since 2000

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Provisions on Insurance System Informatization, 2016 《关于保险系统信息化的规定》, 2016


Cybersecurity Law of the People’s Republic of China, 《2017 中华人民共和国网络安全法》,2017年


Information Security Technology – Guidelines for Grading of Classified Cybersecurity Protection, 2020 《信息安全技术- 网络安全等级保护定级指南》
Art. 53 of the Provisions on Insurance System Informatization, 2016 states, "Insurance institutions shall give first priority to the procurement of secure and controllable hardware equipment and software products, steadily introduce the application of secure and controllable products; actively create conditions to raise the indigenous research and development level, and continuously enhance insurance institutions' strength in security and controllability of informatization". It is reported that the phrase "secure and controllable" technology in conjunction with the reference to "conditions to raise the indigenous research and development level" could be read in context as reference to local technology. Further, it is reported that the requirement to procure "secure and controllable" requirements was not explained adequately by authorities and had been understood in the past to domestic technology. It has been argued that companies sourcing ICT products were interpreting this language constructively and consequently believe that they are required to purchase only domestic goods.
Coverage Information and telecommunications equipment used by the banking and insurance sectors

CHINA

Since September 2014

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Notice concerning Further Implementing Regulations on the Management of Online Foreign Film and Television Dramas 《关于进一步落实网上境外影视剧管理有关规定的通知
Since September 2014, the Chinese State Administration of Radio, Film and Television (SARFT) tightened the regulation for foreign TV and online streaming content. Online platforms will have to limit foreign content to 30% of the streaming content made available online.
Coverage Online Broadcast Content

CHINA

Since October 2019

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Cryptography Law of the People's Republic of China, 2019 《中华人民共和国密码法》, 2019年
Under the Cryptography Law, the import and export of commercial encryption products, technologies, and services remain subject to government approval. Commercial encryption products that may affect national security, and public interest and have encryption-based protective functions can only be imported under a permit. The Ministry of Commerce together with the Office of State Commercial Cryptography Administration (OSCCA) and the General Administration of Customs publish the catalogs of commercial encryption products that are subject to the above import permit and export controls. The aforesaid requirements do not apply to commercial encryption used in products for consumption by the general population. However, the Cryptography Law does not define the term leaving it unclear as to how this is implemented in practice.
In addition, the Cryptography Law has removed the requirement for mandatory certification and has instead established a voluntary certification scheme, which encourages manufacturers to apply to qualified agencies for the testing and certification of their commercial encryption products. The products set out in the Product Catalogue are no longer subject to mandatory approval requirements before launching their product in the market. The voluntary certification provides a marking that serves to assure customers that their commercial encryption products conform with Chinese encryption standards. Products included in the product catalog are smart password keys, smart IC cards, ATM application systems, security authentication, financial data encryption machines, etc.
Coverage Encryption products and encryption software

CHINA

Since January 2019

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Import ban applied on ICT goods or online services
MOFCOM Notice 106/2018 商务部第106/2018号公告
In December 2018, the Ministry of Commerce (MOFCOM) and the General Administration of Customs issued the adjusted catalog of used mechanical and electrical products prohibited from import, effective from 1 January 2019. The adjusted catalog includes part of the mechanical and electrical products. Some of the products included in this list are video recorders, sound recorders or playback equipment using semiconductor media, disc-type broadcast video recorders, color LCD monitors that can be directly connected and designed for automatic data processing equipment.
Coverage Certain mechanical and electrical products

CHINA

Since January 2020

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
MOFCOM Notice 97/2013 商务部第97/2013号公告
MOFCOM Notice 63/2019 imposes non-automatic import licensing procedure upon certain chemicals, machinery and electrical goods. Some of the products included in this list are satellite TV receptors, antenna for satellite TV reception, decoder for satellite TV reception, special parts for satellite TV reception.
Coverage Certain chemicals, machinery and electrical goods

CHINA

Since November 2016

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Interim Measures for the Administration of Online Taxi Booking Business Operations and Services 《网络预约出租汽车经营服务管理暂行办法》
China instituted a licensing system for online taxi companies which requires that the personal information and business data should be stored and used in mainland China and must not be transferred outside of China. Such information should be retained for two years, except when otherwise required by other laws and regulations. The Measurement also regulates that servers of the taxi companies should be set up in Mainland China, with a network security management system and technical measures for security protection in compliance with regulations.
Coverage Online taxi sector

CHINA

Since January 2016

CHINA

Since April 2001, last amended in October 2021
Since September 2000, last amended in February 2016
Since March 2016
Since September 2017

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Rules for The Implementation of The Law of The People's Republic of China on Foreign-capital Enterprises《中华人民共和国外资企业法实施细则》,第十一条

Telecommunications Regulations of the People's Republic of China 《中华人民共和国电信条例》

Classified Catalogue of Telecommunications Services 《电信服务分类目录》

Administrative Measures for the Licensing of Telecommunication Business 《电信业务经营许可管理办法》
China imposes strict limitations on companies that wish to offer VoIP services in the country. It requires a supplier to have a basic telecommunications service license to provide VoIP service.
Coverage VoIP services

CHINA

Reported in 2014

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Complaints on the licensing procedures
Regarding Regarding IT services, complaints have been received due to the multitude of government licensing and accreditation agencies to contract which is problematic and time-consuming for foreign investors. services, AMCHAM China complained that the multitude of licensing and accreditation government agencies to be engaged is problematic and excessively time consuming for foreign investors.
Coverage Computer services

CHINA

Since February 2016

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Provisions on the Administration of Foreign-funded Telecommunications Enterprises (2016 Revision) 《外商投资电信企业管理规定》(2016年修订)
China's telecom laws require all foreign firms that provide data center or cloud computing services enter into a joint venture with a Chinese firm and obtain an internet data center license.
Coverage Data centers and cloud storage services

CHINA

Since January 2017

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Circular on Clearing up and Regulating the Internet Access Service Market 《工业和信息化部关于清理规范互联网网络接入服务市场的通知》
The Circular on Clearing up and Regulating the Internet Access Service Market barred telecommunication companies and Internet access service providers from setting up or renting VPNs without government approval. More and more cases have been reported of VPNs being shut down, and individuals who set up or use VPNs are punished since 2017.
Coverage VPN

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