Plan early
This regime reaches further than classic tech transfer and licensing deals — it touches overseas R&D, manufacturing footprints, M&A, and intra-group technology sharing. Classify technology early and build this into your deal planning ahead of time, whichever side of the border you’re on.
Map the proposed transfer while running regulatory assessments in parallel
As Chinese companies shift from exporting products to building overseas R&D and manufacturing, cross-border tech transfers become routine — and easy to miss. Sharing algorithms, processes, drawings or R&D output with an overseas subsidiary, or supporting an overseas team through secondments or training, might all count.
This aligns with the new Provisions of the State Council on Outbound Investment (Order No. 837): no exporting prohibited technology, no exporting restricted technology without a licence, and no circumnavigating the rules via secondments, technical guidance or training. Get it wrong and the fallout can include hefty fines, a suspended investment, or a forced sale of shares or assets, plus personal penalties.
The direction of travel is consistent: China has recently also announced revised outbound investment measures, effective 1 December 2026, tightening pre-investment approval for sensitive countries and sectors and introducing annual reporting requirements for sensitive overseas investment — part of a broader push to tighten oversight of capital and technology leaving China.
Assess ownership and control if investing in or acquiring a Chinese tech company
The interim registration rule catches deals that shift control of domestic technology overseas, even where nothing physically crosses a border. Check every deal involving Chinese tech assets against this before signing.
Add export control exposure to your IP due diligence: does completion change who owns or controls the target’s core technology? Shareholding percentage alone doesn’t decide this — a minority stake with substantive control rights might also trigger the issue.
Export control and foreign investment security review must not be conflated — they’re two different regimes. Run both assessments in parallel (among others) to identify potential deal timing and execution risks.
To conclude, China is raising the bar for its most valuable AI technology and some others, while leaving the door open for ordinary international collaboration through open-source carve-outs, service-based delivery and fast-track licensing.
The smart move for businesses is to build technology classification into deal planning from day one. Our team is on hand to help you assess exposure under the new regime.