MOFCOM Proposes Restrictions on Foreign Entities Infringing Chinese Trade Secrets

MOFCOM published draft Special Provisions on the Protection of Chinese Trade Secrets for consultation on October 26. The proposal would permit trade, investment and entry restrictions, work or residence permit restrictions, and fines against foreign companies, organizations or individuals whose infringement of Chinese trade secrets harms or poses an actual threat to China’s sovereignty, security or development interests. It also provides for investigations and applications for exemptions from restrictions. Comments are due November 24, 2026; the provisions remain proposed.