CHINA
Since June 2017
Since May 2017
Since May 2017
Since June 2020
Since May 2017
Since May 2017
Since June 2020
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Regulations on Administration of Internet News Information Service 《互联网新闻信息服务管理规定》
Regulations on Administrative Enforcement Procedures for Internet Information Content《互联网信息内容管理行政执法程序规定》
Provisions on the Management of Internet News Services互利网新闻服务管理规定
Special Management Measures for Foreign Investment Access (Negative list), 2020《外国投资准入特别管理措施 负面清单2020》
Regulations on Administrative Enforcement Procedures for Internet Information Content《互联网信息内容管理行政执法程序规定》
Provisions on the Management of Internet News Services互利网新闻服务管理规定
Special Management Measures for Foreign Investment Access (Negative list), 2020《外国投资准入特别管理措施 负面清单2020》
Internet news collecting, editing and publishing services are reserved for State media (or its controlled subsidiaries) and news media controlled by the Party news department. Private investment is expressly prohibited in news collecting and editing services.
As per the 2020 Negative List, investment in internet news services is prohibited. It also provides that the printing of publications must be controlled by the Chinese Party.
The New Regulations also provide that the Government may have a “special management share” in certain internet news providers. The Cyberspace Administration of China (CAC) does not elaborate on the meaning of the special management share. It is understood that the Government could use any special management share in a Internet News Provider to retain its control over certain issues. It is not clear whether the regime would apply to all types of Internet News Providers, including those which are privately-owned.
Additionally, the Provisions on the Management of Internet News Services issued by the CAC, like the old rules, ban Sino-foreign equity joint ventures, Sino-foreign cooperative joint ventures, or wholly foreign-invested enterprises from engaging in the internet news industry. Any cooperation involving internet-based news information services and foreign-invested enterprises must be reported to the national CAC for security assessment.
The Provisions on the Management of Internet News Services also broadened the definition of “internet news information services” to “services of collecting, editing, and releasing internet news information; reposting such news information; and providing a platform to spread such news information.” They also broaden the definition of “news information” to include relevant reports and commentaries on politics, the economy, military affairs, foreign affairs, and other public affairs, as well as relevant reports and commentaries on social emergencies.
As per the 2020 Negative List, investment in internet news services is prohibited. It also provides that the printing of publications must be controlled by the Chinese Party.
The New Regulations also provide that the Government may have a “special management share” in certain internet news providers. The Cyberspace Administration of China (CAC) does not elaborate on the meaning of the special management share. It is understood that the Government could use any special management share in a Internet News Provider to retain its control over certain issues. It is not clear whether the regime would apply to all types of Internet News Providers, including those which are privately-owned.
Additionally, the Provisions on the Management of Internet News Services issued by the CAC, like the old rules, ban Sino-foreign equity joint ventures, Sino-foreign cooperative joint ventures, or wholly foreign-invested enterprises from engaging in the internet news industry. Any cooperation involving internet-based news information services and foreign-invested enterprises must be reported to the national CAC for security assessment.
The Provisions on the Management of Internet News Services also broadened the definition of “internet news information services” to “services of collecting, editing, and releasing internet news information; reposting such news information; and providing a platform to spread such news information.” They also broaden the definition of “news information” to include relevant reports and commentaries on politics, the economy, military affairs, foreign affairs, and other public affairs, as well as relevant reports and commentaries on social emergencies.
Coverage Private news providers
Sources
- https://www.lexology.com/library/detail.aspx?g=b2aa77aa-0270-40f8-9f18-ad65b6130259
- http://www.chinalawtranslate.com/%E4%BA%92%E8%81%94%E7%BD%91%E4%BF%A1%E6%81%AF%E5%86%85%E5%AE%B9%E7%AE%A1%E7%90%86%E8%A1%8C%E6%94%BF%E6%89%A7%E6%B3%95%E7%A8%8B%E5%BA%8F%E8%A7%84%E5%AE%9A/?lang=en
- https://chinacopyrightandmedia.wordpress.com/2017/05/02/internet-news-information-service-management-regulations-2/
- http://www.cac.gov.cn/2017-05/02/c_1120902760.htm
- https://www.ndrc.gov.cn/xxgk/zcfb/fzggwl/202006/P020200624549035288187.pdf
- http://www.cac.gov.cn/2017-05/02/c_1120902931.htm
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CHINA
Since December 2001, amended in 2008, last amended in 2016
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Provisions on the Administration of Foreign Invested Telecommunications Enterprises (FITE Provisions). 《外商投资电信企业管理规定》 FITE规定 第二条
According to Art. 2 of the Provisions on the Administration of Foreign Invested Telecommunications Enterprises (FITE Provisions), in order to operate as a foreign-invested telecommunications enterprise, the enterprise providing telecommunications services has to be established as joint venture between foreign and Chinese investors within the territory of China. In addition, pursuant the Art.6 of the law, foreign investment in value-added telecommunication services (including basic telecommunications services in the wireless paging business) is capped at 50%. The formation of such a joint venture must be pre-approved by the Ministry of Industry and Information Technology (MIIT) and approved by the Ministry of Commerce. Moreover, according to Art. 5, to run the value-added telecommunication services, the minimum registered capital of a foreign investment to operate a national or cross-provincial, autonomous regions, municipalities enterprise is 10 million RMB, the minimum registered capital of a foreign investment to operate a provincial, autonomous regions and municipalities is 1 million RMB.
Coverage Value-added telecommunication services
CHINA
Since April 2015
Since June 2020
Since June 2020
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Foreign Investment Industrial Guidance Catalogue (as amended in 2015)《外商投资产业指导目录(2015年修订)》
Special Management Measures for Foreign Investment Access (Negative list), 2020《外国投资准入特别管理措施(负面清单),2020年》
Special Management Measures for Foreign Investment Access (Negative list), 2020《外国投资准入特别管理措施(负面清单),2020年》
Internet publishing, including online games, is a sector where investment is prohibited. This sector has been added in the 2015 Foreign Investment Industrial Guidance Catalogue. As per the 2020 Negative List, foreign investment in internet publishing service (except music) is prohibited.
Coverage Internet publishing
Sources
- http://www.kwm.com/en/de/knowledge/insights/china-plans-sweeping-foreign-investment-reforms-20150414
- https://www.ndrc.gov.cn/fggz/lywzjw/zcfg/201503/W020190909440632264970.pdff
- http://www.cac.gov.cn/2016-02/15/c_1118048596.htm
- https://www.ndrc.gov.cn/xxgk/zcfb/fzggwl/202006/P020200624549035288187.pdf
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CHINA
Since April 2015
Since June 2020
Since June 2020
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Foreign Investment Industrial Guidance Catalogue (as amended in 2015)《外商投资产业指导目录(2015年修订)》
Special Management Measures for Foreign Investment Access (Negative list), 2020《外国投资准入特别管理措施(负面清单,2020年》
Special Management Measures for Foreign Investment Access (Negative list), 2020《外国投资准入特别管理措施(负面清单,2020年》
Since 2015, investment in the manufacturing of telecommunication facilities and other electronic devices is no longer prohibited as restrictions were relaxed in the 2015 Foreign Investment Industrial Guidance Catalogue. However, caps might still apply. As per the 2020 Negative List, investment in the manufacturing of satellite television broadcasting ground receiving facilities and key component production is prohibited.
Coverage Manufacturing of telecommunication facilities and other electronic devices
Sources
- http://www.sdpc.gov.cn/gzdt/201503/W020150313434022733417.pdf
- https://www.cms-lawnow.com/ealerts/2020/07/china-introduces-new-negative-list-2020-and-new-ftz-negative-list-2020
- https://www.registrationchina.com/articles/china-negative-list-2020/
- http://www.gov.cn/zhengce/2020-12/26/content_5574436.htmm
- https://www.ndrc.gov.cn/fggz/lywzjw/zcfg/201503/W020190909440632264970.pdff
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CHINA
Since December 2001, entry into force in January 2002, last amended in April 2022
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Provisions on Administration of Foreign-Invested Telecommunications Enterprises《外商投资电信企业管理规定》
According to Art. 6 of the Provisions on Administration of Foreign-Invested Telecommunications Enterprises, for foreign-funded telecommunications enterprises operating value-added telecommunications services (including online database storing and searching; electronic data exchange; online data processing and transactions processing; domestic multiparty communication services; IP-VPN; ISP; ICP and video teleconferencing), the proportion of foreign investors' capital contribution in the enterprise shall not exceed 50% in the end. An exception applies to e-commerce, for which 100% foreign equity and ownership is allowed. Furthermore, the proportion of capital contribution between Chinese investors and foreign investors in foreign-invested telecommunications enterprises in different periods shall be determined by the industry and information technology department of the State Council in accordance with relevant regulations.
In addition, according to Art. 5, if the enterprise is engaged in the value-added telecom business within a province, autonomous region, or municipality directly under the Central Government, it shall have a registered capital of not less than 1 million yuan (Approx. USD 137,000). However, if an enterprise is engaged in value-added telecom businesses nationwide or beyond a single province, autonomous region or municipality directly under the Central Government, it shall have a registered capital of not less than 10 million (Approx. USD 1,370,000).
According to Art. 2, a foreign-invested telecommunications enterprise refers to an enterprise operating telecommunications business jointly invested and established by foreign investors and Chinese investors in the form of Sino-foreign joint ventures in accordance with the law within the territory of the People's Republic of China.
In addition, according to Art. 5, if the enterprise is engaged in the value-added telecom business within a province, autonomous region, or municipality directly under the Central Government, it shall have a registered capital of not less than 1 million yuan (Approx. USD 137,000). However, if an enterprise is engaged in value-added telecom businesses nationwide or beyond a single province, autonomous region or municipality directly under the Central Government, it shall have a registered capital of not less than 10 million (Approx. USD 1,370,000).
According to Art. 2, a foreign-invested telecommunications enterprise refers to an enterprise operating telecommunications business jointly invested and established by foreign investors and Chinese investors in the form of Sino-foreign joint ventures in accordance with the law within the territory of the People's Republic of China.
Coverage Value-added telecommunication services
Sources
- http://en.pkulaw.cn/display.aspx?cgid=2fe0bad6b5c4f8d7bdfb&lib=law
- http://pkulaw.cn/fulltext_form.aspx?Gid=267186
- http://www.sdpc.gov.cn/gzdt/201503/W020150313434022733417.pdf
- https://www.gov.cn/xinwen/2017-06/28/5206424/files/e4489bbd621542a480ff4c45c42fa202.pdf
- https://www.wipo.int/edocs/lexdocs/laws/en/cn/cn114en.pdf
- http://tech.sina.com.cn/it/t/2003-03-25/1548173656.shtml
- http://www.circleid.com/posts/20130731_making_sense_of_miits_category_of_telecommunications_services/
- http://www.gov.cn/zhengce/2020-12/26/content_5574436.htm
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CHINA
Since December 2001, entry into force in January 2002, last amended in April 2022
Since June 2020
Since June 2020
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Provisions on Administration of Foreign-Invested Telecommunications Enterprises《外商投资电信企业管理规定》
Special Management Measures for Foreign Investment Access (Negative list), 2020《外国投资准入特别管理措施(负面清单),2020年》
Special Management Measures for Foreign Investment Access (Negative list), 2020《外国投资准入特别管理措施(负面清单),2020年》
According to Art. 6 of the Provisions on Administration of Foreign-Invested Telecommunications Enterprises, the capital contribution ratio of foreign investors in foreign-funded telecommunications enterprises operating basic telecommunications services (excluding wireless paging services) shall not exceed 49% in the end. However, in practice, all telecommunication companies are Chinese. In addition, the proportion of capital contribution between Chinese investors and foreign investors in foreign-invested telecommunications enterprises in different periods shall be determined by the industry and information technology department of the State Council in accordance with relevant regulations.
In addition, according to Art. 5, if the enterprise is engaged in the basic telecom business within a province, autonomous region, or municipality directly under the Central Government, it shall have a registered capital of not less than 100 million yuan (Approx. USD 14,000,000). However, if the enterprise is engaged in the basic telecom business nationwide or beyond a single province, autonomous region, or municipality directly under the Central Government, it shall have a registered capital of not less than 1 billion yuan (approx. USD 140,000,000).
Under the Special Management Measures for Foreign Investment Access (Negative List) 2020, authorities must treat foreign investors with the same degree of accommodation as domestic investors unless set out otherwise in the negative list. While no caps have been set out in the negative list with regard to basic telecommunication services, the negative list provides that the basic telecommunication business must be controlled by the Chinese party.
In addition, according to Art. 5, if the enterprise is engaged in the basic telecom business within a province, autonomous region, or municipality directly under the Central Government, it shall have a registered capital of not less than 100 million yuan (Approx. USD 14,000,000). However, if the enterprise is engaged in the basic telecom business nationwide or beyond a single province, autonomous region, or municipality directly under the Central Government, it shall have a registered capital of not less than 1 billion yuan (approx. USD 140,000,000).
Under the Special Management Measures for Foreign Investment Access (Negative List) 2020, authorities must treat foreign investors with the same degree of accommodation as domestic investors unless set out otherwise in the negative list. While no caps have been set out in the negative list with regard to basic telecommunication services, the negative list provides that the basic telecommunication business must be controlled by the Chinese party.
Coverage Basic-telecommunication services
Sources
- http://en.pkulaw.cn/display.aspx?cgid=2fe0bad6b5c4f8d7bdfb&lib=law
- https://ustr.gov/sites/default/files/2013-14%20-1377Report-final.pdf
- http://www.sdpc.gov.cn/gzdt/201503/W020150313434022733417.pdf
- https://www.cms-lawnow.com/ealerts/2020/07/china-introduces-new-negative-list-2020-and-new-ftz-negative-list-2020
- http://www.wipo.int/edocs/lexdocs/laws/en/cn/cn114en.pdf
- http://fgw.beijing.gov.cn/fgwzwgk/zcgk/flfggz/fg/xzfg/202004/t20200423_1880426.htmm
- https://www.ndrc.gov.cn/xxgk/zcfb/fzggwl/202006/P020200624549035288187.pdff
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CHINA
Since January 2003
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Government Procurement Law of the People's Republic of China (Order of the President No. 68)中华人民共和国政府采购法(主席令第68号)
As per Art. 10 of the Government Procurement Law, the government must procure domestic goods, construction and services except when: (i) the goods, construction and services needed are not available in China and cannot be required on reasonable commercial terms; (ii) the items to be procured are for use abroad; (iii) otherwise provided for by other laws and administrative regulations.
In the Chinese public procurement regulatory framework, there is an active Buy Chinese policy. In principle, only Chinese companies are allowed to bid in public tenders and foreign ones are only allowed under exceptions. Government agencies and related entities are required to purchase equipment and technology from the Chinese state or privately owned manufacturing companies. There are also reports of insufficient publicity of public tenders. Furthermore, it is reported that central and local entities tend to implement in a very broad manner those provisions, going far beyond discriminations imposed by the law.
In the Chinese public procurement regulatory framework, there is an active Buy Chinese policy. In principle, only Chinese companies are allowed to bid in public tenders and foreign ones are only allowed under exceptions. Government agencies and related entities are required to purchase equipment and technology from the Chinese state or privately owned manufacturing companies. There are also reports of insufficient publicity of public tenders. Furthermore, it is reported that central and local entities tend to implement in a very broad manner those provisions, going far beyond discriminations imposed by the law.
Coverage Horizontal
CHINA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
China is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2002.
Coverage Horizontal
CHINA
Since November 2009
Since April 2010
Since April 2010
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Directive Number 618 “Notification Regarding the Launch of National Indigenous Innovation Product Accreditation Work for 2009”《关于开展2009年国家自主创新产品认定工作的通知》
Notice Launching the National Indigenous Innovation Product Accreditation Work for 2010《关于开展2010年国家自主创新产品认定工作的通知》
Notice Launching the National Indigenous Innovation Product Accreditation Work for 2010《关于开展2010年国家自主创新产品认定工作的通知》
The Directive Number 618 aims to promote the usage of Chinese products by creating a directory of accredited products that are eligible for government procurement contracts.
In order to gain accreditation, companies and their products in these fields must satisfy a number of criteria. Accreditation is for two to four years and can be renewed. To qualify for the catalogue a product must have been produced by an enterprise that has full ownership of intellectual property in China through its own research and development. Alternatively, a product may have been produced by a Chinese enterprise, work unit, or citizen that has legally obtained the China intellectual property rights or legal rights. Furthermore, the product trademark must be owned by a Chinese company registered in China and the product must be certified by the China National Certification Administration or its provincial departmental branches.
The application guidelines attached to the notice impose additional conditions that could present a high hurdle to non-Chinese companies and products created by non-Chinese companies appear to be at a severe disadvantage in gaining accreditation under the program. In particular, any use, disposal, or improvement of the intellectual property underlying the accredited product must not be subject to any foreign restrictions. Furthermore, any trademark associated with the product must be registered in China first and may not be restricted by foreign brands.
The 2010 Notice Launching the National Indigenous Innovation Product Accreditation Work authorizes procurement of indigenous innovation products that use IP licensed from foreign firms, rather than requiring that products use IP originally developed in China. Applicants for indigenous innovation product status must have exclusive rights to the product's trademark or have the right to use the trademark in China, but the trademark no longer has to be registered in China.
In order to gain accreditation, companies and their products in these fields must satisfy a number of criteria. Accreditation is for two to four years and can be renewed. To qualify for the catalogue a product must have been produced by an enterprise that has full ownership of intellectual property in China through its own research and development. Alternatively, a product may have been produced by a Chinese enterprise, work unit, or citizen that has legally obtained the China intellectual property rights or legal rights. Furthermore, the product trademark must be owned by a Chinese company registered in China and the product must be certified by the China National Certification Administration or its provincial departmental branches.
The application guidelines attached to the notice impose additional conditions that could present a high hurdle to non-Chinese companies and products created by non-Chinese companies appear to be at a severe disadvantage in gaining accreditation under the program. In particular, any use, disposal, or improvement of the intellectual property underlying the accredited product must not be subject to any foreign restrictions. Furthermore, any trademark associated with the product must be registered in China first and may not be restricted by foreign brands.
The 2010 Notice Launching the National Indigenous Innovation Product Accreditation Work authorizes procurement of indigenous innovation products that use IP licensed from foreign firms, rather than requiring that products use IP originally developed in China. Applicants for indigenous innovation product status must have exclusive rights to the product's trademark or have the right to use the trademark in China, but the trademark no longer has to be registered in China.
Coverage Computers and application equipment; communications products; modern office equipment; software, energy efficient products, new energy equipment
CHINA
Since 2007
Since December 2019
Since December 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Surrender of patents, source code or trade secrets to win public tenders /Restrictions on technology standards for public tenders
Administrative Measures for the Multi-level Protection of Information Security
(i) GB/T 22239-2019 Information Security Technology – Baseline for Multi-level Protection of Cyber Security; (ii) GB/T 25070-
2019 Information Security Technology – Technical Requirements of Security Design for Multi-level Protection of Cyber
Security; and (iii) GB/T 28448-2019 Information Security Technology – Evaluation Requirement for Multi-level Protection of
Cyber Security (together known as "MLPS 2.0") 2007年《信息安全等级管理办法;2017年《中华人民共和国网络安全法》
(i) GB/T 22239-2019 Information Security Technology – Baseline for Multi-level Protection of Cyber Security; (ii) GB/T 25070-
2019 Information Security Technology – Technical Requirements of Security Design for Multi-level Protection of Cyber
Security; and (iii) GB/T 28448-2019 Information Security Technology – Evaluation Requirement for Multi-level Protection of
Cyber Security (together known as "MLPS 2.0") 2007年《信息安全等级管理办法;2017年《中华人民共和国网络安全法》
The Administrative Measures for the Multi-level Protection of Information Security (MLPS) require all IT systems in China to be classified on different levels of security, from one to five (with the most sensitive systems designated as level 5). In 2019, the MLPS 2.0 has expanded the definition of 'information systems' to broader systems including network infrastructure, cloud computing systems, mobile application platforms, connected devices and industrial control systems.
The MLPS 2.0 requires networks of level 3 and above to adopt network products and services appropriate to their security protection levels. Companies classified as level 2 and above require companies' procurement and use of encryption products and services to be preapproved by the Chinese government. Under the MLPS 2.0, companies must self-assess their security management and compliance and such assessment results are evaluated and endorsed by the MLPS regulatory body.
The MLPS 2.0 requires companies to set up their cloud infrastructure, including servers, virtualized networks, software, and information systems, in China. Such cloud infrastructures are subject to testing and evaluation by the Chinese government. Overseas operation and maintenance of Chinese cloud computing platforms must also follow Chinese laws and regulations. The national standards also state that customers' data and users' personal information processed by cloud service providers should be stored inside China, which is an additional requirement. It is currently uncertain how these national standards would be enforced and there has not yet been reports of enforcement.
The MLPS 2.0 requires networks of level 3 and above to adopt network products and services appropriate to their security protection levels. Companies classified as level 2 and above require companies' procurement and use of encryption products and services to be preapproved by the Chinese government. Under the MLPS 2.0, companies must self-assess their security management and compliance and such assessment results are evaluated and endorsed by the MLPS regulatory body.
The MLPS 2.0 requires companies to set up their cloud infrastructure, including servers, virtualized networks, software, and information systems, in China. Such cloud infrastructures are subject to testing and evaluation by the Chinese government. Overseas operation and maintenance of Chinese cloud computing platforms must also follow Chinese laws and regulations. The national standards also state that customers' data and users' personal information processed by cloud service providers should be stored inside China, which is an additional requirement. It is currently uncertain how these national standards would be enforced and there has not yet been reports of enforcement.
Coverage Information Systems including network infrastructure, cloud computing systems, mobile application platforms, connected devices and industrial control systems
Sources
- http://www.ustr.gov/sites/default/files/2014%20TBT%20Report.pdf
- https://www.dataguidance.com/opinion/china-mlps-20-baseline-requirements-and-practical
- https://www.amcham-shanghai.org/en/article/mlps-20-set-take-effect-december-1
- https://assets.kpmg/content/dam/kpmg/cn/pdf/en/2019/05/mlps-insights-strategies.pdf
- https://www.csis.org/analysis/how-chinese-cybersecurity-standards-impact-doing-business-china
- https://www.tanovo.com/upload/sitearticle_file/208/【等保2.0-正式发布版】GBT25070-2019信息安全技术网络安全等级保护安全设计技术要求.pdf
- http://www.djbh.net/webdev/web/HomeWebAction.do?p=getGzjb&id=8a81825674296d130174bdf702c8002e
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CHINA
Since 1999
Pillar Public procurement of ICT goods and online services |
Sub-pillar Surrender of patents, source code or trade secrets to win public tenders /Restrictions on technology standards for public tenders
OSCCA Regulation on Commercial Encryption OSCCA《商用密码管理条例》
Imported and exported encryption products must be certified by the Office of State Commercial Cryptography Administration (OSCCA). The use of encryption products without OSCCA certification is prohibited, regardless of public, commercial or individual nature of use. However, it is reported that, in practice, only Chinese or Chinese-owned companies are eligible for OSCCA certification to sell, produce and carry out R&D for encryption technology in China, as well as to gain product licensing. Foreign or foreign-owned companies, even if based in China, are excluded. In practice, this means that using foreign encryption products in public procurement is effectively prohibited in China, and that international firms are therefore excluded from government contracts for ‘information security products’ such as smart cards, firewalls and secure databases.
Coverage Encryption products and encryption software
CHINA
Reported in December 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Exclusion of foreign providers from public procurement
It is reported that the Chinese Communist Party's Central Office ordered all government offices and public institutions to remove foreign computer equipment and software within three years and to switch to home-made technologies. An estimate of 20 million to 30 million pieces of hardware need to be swapped out. The substitutions would take place at a pace of 30% in 2020, 50% in 2021 and 20% in 2022, which is nicknamed the "3-5-2" policy.
Coverage Foreign computer equipment and software
CHINA
Since July 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Report by the National Development and Reform Commission of China and the Ministry of Finance
A report by the National Development and Reform Commission of China and the Ministry of Finance bans the purchase of certain foreign IT products for selected government procurement lists. For example, one government procurement list banned ten Apple Inc. products, including the iPad, iPad Mini, MacBook Air and MacBook Pro.
A separate procurement list includes some Apple computers that departments can continue to buy on a smaller scale, i.e. purchases totalling less than 1.2 million yuan (USD 195,000). Products from Dell Inc., Hewlett-Packard Co. and Chinese maker Lenovo Group Ltd. were included on both lists. This ban applies to all central Communist Party departments, government ministries and local governments.
A separate procurement list includes some Apple computers that departments can continue to buy on a smaller scale, i.e. purchases totalling less than 1.2 million yuan (USD 195,000). Products from Dell Inc., Hewlett-Packard Co. and Chinese maker Lenovo Group Ltd. were included on both lists. This ban applies to all central Communist Party departments, government ministries and local governments.
Coverage Apple Inc. products including the iPad, iPad Mini, MacBook Air and MacBook Pro as well as some Apple computers
CHINA
Since June 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Result of the public tender for central government procurement of electronic information products of 2014 (Vol. 21, GC-HJ140283) 2014年中央政府采购电子信息产品公开招标结果 (Vol. 21, GC-HJ140283)
In June 2014, the centre of Public Procurement of the Central Government issued the result of the public tender for central government procurement of electronic information products of 2014.(Vol. 21, GC-HJ140283). Under the category of "Antivirus Software", all foreign security providers such as Kaspersky and Symantec were excluded from the list. Only five Chinese providers, i.e. 360, Jiangmin, Rising, Kingsoft, and KILL, are listed for the consideration of national security.
Coverage Foreign security providers of antivirus software
CHINA
Since May 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Online Statement by China Central Government Procurement Center on ban of Windows 8 from Central State Organs (中国中央政府采购中心关于中央国家机关禁止使用Windows 8的网上声明)
The Central Government Procurement Centre banned Windows 8 from all government computers. The Central Government Procurement Centre said in a note after it accepted “its latest batch of electronic devices” that “no computer products may be installed with the Windows 8 operating system”. However, it did not mention any reasons for the ban. While it cannot be determined if the ban on Windows 8 was revoked, Windows 8 was considered a "dead" operating system in 2016.
Coverage Windows 8
Sources
- http://chinadigitaltimes.net/2014/05/questions-remain-chinese-hacking-indictments/
- http://chinadigitaltimes.net/2014/07/china-targets-microsoft-possible-monopoly-probe/
- https://www.siliconrepublic.com/gear/windows-8-end-of-support-microsoft
- http://politics.people.com.cn/n/2014/0520/c1001-25040862.html
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