The China Technology Transfer Control Act of 2025 aims to protect U.S. national security by controlling the export of sensitive technology and intellectual property to China and imposing sanctions on those who facilitate its transfer or misuse.
Mark Green
Representative
TN-7
The "China Technology Transfer Control Act of 2025" aims to protect U.S. national security by controlling the export of specific technologies and intellectual property to China. It mandates sanctions on those who provide or purchase covered technology to or from China and requires the creation of a list of Chinese products that receive government support or are used for human rights violations. The Act defines key terms such as "Chinese person," "covered national interest technology," and "intellectual property" to clarify the scope and applicability of the regulations. Ultimately, this act seeks to prevent the exploitation of technology transfers that could bolster China's military capabilities or undermine U.S. interests.
The "China Technology Transfer Control Act of 2025" is all about stopping the flow of sensitive U.S. tech and intellectual property (IP) to China. Starting 180 days after it's enacted, the bill puts strict controls on exporting or transferring what it calls "covered national interest technology or intellectual property" to China. This covers stuff that could boost China's military, is already on a trade violation list (section 183 of the Trade Act of 1974), or is used by the Chinese government to violate human rights. (SEC. 2 & 4)
The bill casts a wide net, defining "technology" to include everything from information systems and internet services to AI, biotech, and robotics. "Intellectual property" covers copyrights, patents, trademarks, and trade secrets. (SEC. 2) Basically, if it's cutting-edge and could give China a leg up, it's on the list. For example, imagine a U.S. company developing advanced AI algorithms for manufacturing. Under this bill, sharing that tech with a Chinese entity – even a subsidiary – could become a major legal headache, potentially requiring government approval or facing outright prohibition.
This is where the bill gets real teeth. If a foreign person or company knowingly sells, provides, or even buys covered technology or IP to or from China, they face serious sanctions. The President must block all their assets in the U.S. or under U.S. control. (SEC. 5) Think of a European firm selling specialized robotics (considered "covered technology") to a Chinese manufacturer. That firm could see its U.S. bank accounts frozen and any business dealings with U.S. companies shut down. There's a "national security" waiver, but the President has to report it to Congress. (SEC. 5) The bill also directs the United States Trade Representative to create a list, within 120 days, of Chinese products that benefit from the "Made in China 2025" industrial policy or are used for human rights violations. (SEC. 6) This list will be updated annually and specifically targets industries like semiconductors, AI, robotics, and biotech. (SEC. 6)
While the bill's goal is to protect U.S. innovation, it could create real-world challenges. The broad definitions of "covered technology" and "intellectual property" could make it tough for businesses to know exactly what's allowed. What if a U.S. engineer collaborates with a Chinese colleague on a seemingly harmless project that later gets used in a way that falls under the bill's restrictions? The "knowingly" clause (SEC. 2) offers some protection, but the line between innocent collaboration and illegal transfer could get blurry. The bill also creates a potential conflict with existing export control regulations, requiring the Secretaries of State and Commerce to figure out how to handle this new layer of restrictions within 90 days. (SEC. 4)
Beyond the immediate impact on businesses, the bill reflects a bigger trend: increasing tension between the U.S. and China over technology and trade. As Congress states, cultural and technological exchange channels are being exploited by adversaries, particularly China (SEC. 3). It's a clear signal that the U.S. is taking a harder line on protecting its tech advantage, even if it means disrupting global supply chains and potentially raising costs for businesses and consumers. Whether this approach strengthens U.S. competitiveness in the long run or simply sparks further retaliation remains to be seen, but the immediate impact will definitely be felt by anyone doing business with China in the tech sector.