Amendments to the National Security Act (國家安全法) imposing harsher punishments for “economic espionage” and “extraterritorial use of national core key technologies’ trade secrets,” which were passed last year, have taken effect, with offenders facing up to 12 years in prison, the Executive Yuan announced yesterday.
The revisions took effect following the National Science and Technology Council’s release on Tuesday last week of a list of 22 national core key technologies.
To protect Taiwan’s high-tech industries, the Legislative Yuan passed a third reading of the amendments to the National Security Act in May last year.
Photo: Reuters
With their implementation being delayed for more than a year, the Taiwan Statebuilding Party held a news conference calling for their enactment.
The 22 national core key technologies listed by the council cover five industries: national defense, aerospace, agriculture, semiconductors and information security.
The core key technologies include eight types of technologies in the aerospace industry, and 14-nanometer and more advanced semiconductor processes and heterogeneous integrated packaging technology in the chip industry.
The council is expected to release a second list of national core key technologies in March or April next year.
The amendments impose stiffer penalties for those who help China, Hong Kong, Macau or foreign hostile forces obtain, use, or leak trade secrets of Taiwan’s core key technologies, through theft, cheating, coercion or reproduction without authorization.
Offenders may face five to 12 years in prison or a fine of NT$5 million to NT$100 million (US$158,670 to US$3.17 million).
People convicted of economic espionage may face the same punishments, with the amendments defining three types of criminal behavior: knowing or holding trade secrets of national core key technologies, but reproducing, using or leaking them beyond the scope of authorization or without authorization; holding trade secrets of national core key technologies despite being informed by the owner to delete or destroy them; and being fully aware that other people obtained trade secrets of national core key technologies through the situations stated above, but still obtaining, using or leaking the trade secrets.
The “extraterritorial use of national core key technologies’ trade secrets” refers to the illegal use of trade secrets of national core key technologies in China, Hong Kong, Macau or other countries. Offenders may face three to 10 years in prison or a fine of NT$5 million to NT$50 million. Those found guilty of attempting to commit such acts would also be punished.
The amendments also stipulate that current or retired military officials, civil servants, educators, or public-sector employees who commit such acts would lose their rights to retirement benefits, while those who have received them would be asked to pay the amount back.
In other developments, Minister of National Defense Chiu Kuo-cheng (邱國正) said allegations that National Defense University professor Ger Ming-der(葛明德) had set up a company that conducts technical cooperations with China would be a case of “betraying the country.”
It would be considered treason and should be dealt with according to the law and severely punished, he said in response to lawmakers’ queries at a meeting of the legislature’s Foreign Affairs and National Defense Committee.
The Ministry of National Defense would also engage in introspection over the case, Chiu said, adding that an administrative investigation is underway.
Additional reporting by staff writer
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