Summary:

In this episode we discuss Taiwan’s recent efforts to protect its vital technology sectors, particularly in semiconductors and advanced technologies. Taiwan has implemented stringent export restrictions under its National Security Act, aimed at preventing unauthorized transfer of key technologies, particularly to adversaries like China. We highlight the key role of the National Science and Technology Council (NSTC) and the list of “National Core Key Technologies” (NCKT) in safeguarding crucial innovations. These measures complement similar U.S. initiatives, creating a global defense against potential misuse of these technologies and ensuring a stable global supply chain.

Questions to consider as you read/listen:

1. How does Taiwan’s technology defense strategy impact the global tech landscape?

2. What are the main goals and implications of Taiwan’s “National Core Key Technologies” list?

3. How does the collaboration between Taiwan and the U.S. shape the global tech security landscape?

Long format:

The Silicon Gatekeepers: Taiwan’s Technology Defense and Its Global Ripple Effect

Today, 4 November 2024 it was announced that Taiwan added 10 new technologies to its growing list of National Core Key Technologies that prohibited from being exported.

(One sentence thesis: Taiwan’s stringent technology export restrictions complement U.S. efforts by creating a fortified defense around critical innovations, ensuring that essential technologies remain secure from adversarial exploitation and reinforcing global tech security.)

TL/DR:

This paper examines Taiwan’s recent measures to protect its high-value technology sectors, focusing on its National Security Act, the role of the National Science and Technology Council, and the regulated list of “National Core Key Technologies.” (NCKT) These controls target critical areas such as advanced semiconductors, quantum cryptography, and defense tech, with frequent reviews to adapt to evolving threats. Violations carry severe penalties, underscoring Taiwan’s commitment to prevent unauthorized technology transfers. China, as a primary consumer and competitor in these sectors, is directly impacted, while the U.S. and other global allies benefit from Taiwan’s heightened security measures, which help stabilize the tech supply chain and safeguard international economic and security interests. Together, Taiwan’s and the U.S.’s export restrictions create a robust defense against the potential misuse of crucial innovations. I go into a deep dive on Taiwan’s efforts.

INTRODUCTION

In recent years, the United States has tightened export restrictions on advanced technologies to curb their potential misuse by adversarial nations, particularly through initiatives led by the Department of Commerce. These restrictions, aimed at safeguarding sensitive technology sectors such as semiconductors, AI, and cybersecurity, have set a new precedent for international tech security. However, Taiwan, a global leader in semiconductor production and advanced tech development, has independently implemented its own stringent measures to protect its national interests and core technologies. Taiwan’s complementary efforts—encompassing the National Security Act, export controls, and designated protection for critical sectors—play a vital role in securing a supply chain that supports industries worldwide. Together, U.S. and Taiwanese policies form a layered defense strategy, protecting cutting-edge innovations from potential exploitation and underscoring the importance of collaboration in technology security. This paper explores Taiwan’s unique role in the global tech landscape and examines why its protections are crucial for both regional stability and international economic security.

1. Taiwan’s National Security Act: Enactment and Purpose

The National Security Act (NSA) of Taiwan was enacted and promulgated on July 1, 1987, with subsequent amendments to address evolving security concerns. Its primary purpose is to ensure national security and maintain societal stability by preventing activities that could compromise the nation’s safety, including espionage, unauthorized disclosure of state secrets, and actions that threaten public order.

2. Taiwanese National Science and Technology Council

The National Science and Technology Council (NSTC) is Taiwan’s primary agency responsible for formulating and implementing national science and technology policies. Established in July 2022, the NSTC succeeded the Ministry of Science and Technology, aiming to enhance the nation’s technological development and innovation. It focuses on long-term talent cultivation, research development in critical sectors like semiconductors, and fostering international cooperation to strengthen Taiwan’s position in the global technology landscape.

3. Regulation for the Recognition of National Core Key Technologies

The “Regulation for the Recognition of National Core Key Technologies” is a framework established by the NSTC to identify and protect technologies vital to Taiwan’s national security and industrial competitiveness. Implemented on April 26, 2023, this regulation outlines the criteria and procedures for designating specific technologies as “National Core Key Technologies” (NCKTs), ensuring they receive appropriate protection against unauthorized transfer or exploitation.

4. Covered Technology Sectors

The regulation encompasses several critical technology sectors labelling them as NCKTs, including but not limited to:

Semiconductors: Advanced integrated circuit (IC) manufacturing processes of 14nm and below, along with essential materials and equipment.

Heterogeneous Integration and Packaging: Technologies such as wafer-level packaging and silicon photonics integration.

Information and Communication Security: Chip security, post-quantum cryptography protection, and proactive network defense technologies.

National Defense Technology: Technologies pertinent to national defense applications.

Space Technology: Including satellite launch systems and related technologies.

Agriculture: Advanced agricultural technologies critical to national interests.

5. Review Frequency of the List

The NSTC reexamines the list every three months and considers public comments.

6. Last Revision and Its Outcome

The most recent revision occurred or around 4 November 2024 with adding 10 new key technologies to the list.

7. Penalties for Violating Export Restrictions

Violations involving the unauthorized transfer or exploitation of National Core Key Technologies are subject to stringent penalties under the amended National Security Act. Individuals found guilty of economic espionage related to these technologies may face imprisonment ranging from 5 to 12 years and fines between NT$5 million and NT$100 million.

8. Implications for China

China has a vested interest in Taiwan’s technological advancements, particularly in sectors like semiconductors, where Taiwan holds a significant global market share. The stringent controls and protective measures implemented by Taiwan aim to prevent unauthorized access and transfer of critical technologies to foreign entities, including China. These measures could limit China’s ability to acquire advanced technologies through non-transparent means, thereby affecting its technological development and strategic objectives.

9. Global Significance, Including for the United States

The protection of Taiwan’s critical technologies has broader implications for the global community, especially for countries like the United States. Taiwan plays a pivotal role in global supply chains, particularly in the semiconductor industry. Ensuring the security and integrity of Taiwan’s technological assets is crucial for maintaining global technological leadership, economic stability, and national security. Collaborative efforts to safeguard these technologies align with international interests in preventing the proliferation of advanced technologies to potentially adversarial nations.

CONCLUSION

Taiwan’s proactive measures to safeguard critical technologies are essential in the collective effort to secure global innovation and stability. By reinforcing export controls that align with U.S. Department of Commerce policies, Taiwan is creating a protective barrier against the unauthorized transfer of high-value technologies to adversarial nations. While these restrictions may impose immediate economic costs on Taiwanese companies by limiting exports to China, the long-term benefits—protecting Taiwan’s tech leadership, preserving U.S. security interests, and ensuring a stable global supply chain—far outweigh these losses. To maintain this delicate balance, it is crucial for the U.S. to continue encouraging Taiwan to not only uphold but expand these protections. Through diplomatic support, joint technology initiatives, and potential compensatory measures, the U.S. can help Taiwan navigate these challenges and foster a resilient alliance that upholds both nations’ technological and security interests amid growing global competition.

Sources:

https://www.leetsai.com/trade-secret/geopolitics-and-legal-risks-introduction-to-the-legal-framework-of-the-national-core-key-technologies

https://www.digitimes.com/news/a20241104PD206/technology-taiwan-design-security-nstc.html

https://www.taipeitimes.com/News/taiwan/archives/2024/11/02/2003826264

https://www.bakermckenzie.com.tw/-/media/minisites/taiwan/news-pdf/2023/20231027-terrence-wang.pdf?rev=d838bb64b1d442f78c0fa1e1c67c934c&sc_lang=ja

https://www.trendforce.com/news/2023/12/06/news-taiwan-lists-22-critical-technologies-to-face-strict-controls-included-14nm-processes-and-beyond/

https://focustaiwan.tw/sci-tech/202312050018

https://www.iam-media.com/article/amended-national-security-act-imposes-stricter-punishments-trade-secret-misappropriation-following-new-list-of-crucial-tech

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EP62: The Silicon Gatekeepers: Taiwan’s Technology Defense and Its Global Ripple Effect 11:43 Share

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EP62: The Silicon Gatekeepers: Taiwan’s Technology Defense and Its Global Ripple Effect