CHINA
Since 2007
Since December 2019
Since December 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Surrrender 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 Surrrender 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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CHINA
Since April 2011, extended in April 2017 and 2022, until April 2027
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties and safeguard measures on ICT goods
Antidumping measure
In April 2011, the Ministry of Commerce of the People's Republic of China announced anti-dumping duties on non-displacement single-mode optical fibers (used, for example, for long-distance telephony and multichannel television broadcasting systems) (HS code: 9001.1000) imported from the EU and the U.S. This measure was reviewed and extended in April 2017 and, subsequently in April 2022. The rate of duty on imports originating from the European Union ranges from 12.9% to 29.1%, depending on the company. The rate of duty on imports originating from the United States ranges from 33.3% to 78.2%, depending on the company.
Coverage Product: Dispersion unshifted single-mode optical fibres (HS 9001.1000)
Countries: European Union, United States
Countries: European Union, United States
CHINA
Since August 2014, extended in August 2020, until August 2025
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties and safeguard measures on ICT goods
Antidumping measure
In April 2011, the Ministry of Commerce of the People's Republic of China announced anti-dumping duties on non-displacement single-mode optical fibers (used, for example, for long-distance telephony and multichannel television broadcasting systems) (HS code: 9001.1000) imported from India. This measure was reviewed and extended in August 2020. The rate of duty is between 7.4% and 30.6%, depending on the company.
Coverage Product: Dispersion unshifted single-mode optical fibres (HS 9001.1000)
Country: India
Country: India
CHINA
Since January 2005, extended in January 2011, 2017 and 2022, until January 2027
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties and safeguard measures on ICT goods
Antidumping measure
In January 2005, the Ministry of Commerce of the People's Republic of China announced anti-dumping duties on non-displacement single-mode optical fibers (used, for example, for long-distance telephony and multichannel television broadcasting systems) (HS code: 9001.1000) imported from Japan and South Korea. This measure was reviewed and extended in January 2011 and, subsequently, in January 2017 and January 2022. The rate of duty imposed on imports originating in Japan is 46%, while for imports originating in South Korea ranges from 7.9% to 46% depending on the company.
Coverage Product: Dispersion unshifted single-mode optical fibres (HS 9001.1000)
Countries: Japan, South Korea
Countries: Japan, South Korea
CHINA
Since April 2003
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
China is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
CHINA
Since April 2007, extended in April 2019
until April 2024
until April 2024
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties and safeguard measures on ICT goods
Antidumping measure
In April 2007, the Ministry of Commerce of the People's Republic of China announced anti-dumping duties on electrolytic capacitor paper (HS 480511, 480591) imported from Japan. This measure was revised and extended in April 2013 and then in April 2019. The rate of duty imposed ranges from 15% to 40.83%, depending on the company.
Coverage Product: Paper for electrolytic capacitor (HS 480511, 480591)
Country: Japan
Country: Japan
CHINA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.07%
Coverage rate of zero-tariffs on ICT goods (%)
50.39%
Coverage: Digital goods
SUDAN
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Sudan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
SUDAN
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Sudan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
SUDAN
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Sudan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal