The Ministry of Commerce and the Ministry of Science and Technology adjusted and released the “Catalogue of China’s Export Prohibited and Restricted Export Technologies”, which mentioned “personalized push technology based on data analysis” and was regarded as TikTok The core algorithm falls into this category and is likely to be banned from export.
According to Xinhua Viewpoint, this is not the first time that my country has adjusted the “Catalogue of China’s Export Prohibited and Restricted Technologies”. The last catalog revision was in 2008.
The report interviewed Cui Fan and Cui Fan, professors of China University of International Business and Economics who have been tracking and studying technology and trade regulations for a long time. According to the 2008 version of the catalog, the adjustment involves 53 technical items: 9 prohibited or restricted items are deleted; 23 restricted items; the control points and technical parameters of 21 items have been modified.
Cui Fan also said that as early as 2018, relevant departments had solicited opinions from the public on the revision and adjustment of the catalogue. After repeated deliberation, the adjustment was made in light of the objective needs of the current international development.
Cui Fan said that if technology exporters who have not completed the transaction when the new catalog takes effect, if they plan to export restricted technologies in the adjusted catalog, it is recommended to suspend the negotiation and trade procedures and perform the relevant application procedures.
Cui Fan cited the recent public concern that ByteDance may sell TikTok’s US business as an example. Some technologies of ByteDance may involve adjusted catalogs. For example, in the catalog, under the restriction on the export of some information processing technologies in the computer service industry, the new Article 21 is about “Personalized Information Push Service Technology Based on Data Analysis”, and Article 18 is about “Artificial Intelligence Interactive Interface Technology” and other controls. The main point may involve the company’s technology.
Naijatechnews learned that bytedance is currently required by the Trump administration to spin off TikTok within a limited time and must sell the latter to an American company. In this regard, Cui Fan said that if ByteDance plans to export related technologies, it should go through the licensing procedures. ByteDance’s international business can achieve rapid development, relying on its strong domestic technical support. It continuously provides the latest core algorithm services to overseas companies, which is a typical technical service export. If its international business is to continue to operate smoothly, no matter who its new owner and operator are, it is likely to need to transfer the software code or its use rights from China to overseas, and it may also need to provide technical services from China to overseas . “Therefore, it is recommended that Bytedance seriously study the adjusted catalog, seriously and carefully consider whether it is necessary to suspend the substantive negotiation of related transactions , perform the legal declaration procedures, and then take further actions as appropriate.” Cui Fan said.
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