On March 2, 2019, the State Council, the top administrative body of China issued the Decision on Revision of several Administrative Regulation, which includes the revision of Technical Import and Export Regulation (the “TIER”).
Notably, the TIER was enacted nearly 20 years ago when Chinese parties were still weak in terms of technical capacity in comparison with their foreign competitors. However, the situation has been changed significantly in recent years, as a result, the issues including forced technology transfer have been increasingly criticized as an unfair treatment to foreign companies and discussed as an important topic on the table of international negotiations for years. We would like to analyze the effect of the revision as follow.