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Taiwan Business TOPICS
New measures seek to combat China’s talent poaching
China has been targeting Taiwanese semiconductor talent in an effort to fuel its domestic chipmaking capabilities. In response, the Executive Yuan in April formed a task force to establish measures to combat Chinese talent poaching and in early May, the Ministry of Labor (MOL) ordered that Taiwanese job bank websites remove all listings for jobs located in China.
In a letter banning Taiwanese manpower agencies from posting Chinese recruitment ads and acting as an intermediary for Chinese employers, the MOL cited Articles 34 and 35 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area. Those articles prohibit certain kinds of advertising and investment or technological cooperation. The MOL stated that non-compliance would result in fines of ranging from NT$100,000 to NT$500,000 for illegal advertisements and NT$50,000 to NT$5 million for intermediary affiliations.
The U.S. approach is governed by its One-China policy [PDF]. It is based on several documents, such as three U.S.-China communiqués reached in 1972, 1978, and 1982; the Taiwan Relations Act, passed by the U.S. Congress in 1979; and the recently declassified “Six Assurances” [PDF], which President Ronald Reagan conveyed to Taiwan in 1982. These documents lay out that the United States:
“acknowledges the Chinese position that there is but one China [PDF] and Taiwan is part of China” and that the PRC is the “sole legal government of China” (some U.S. officials have emphasized that the use of the word “acknowledge” implies that the United States doesn’t necessarily accept the Chinese position);
Several Democratic Progressive Party (DPP) legislators have proposed amendments to the Trade Secrets Act (營業秘密法), as the problem of Chinese firms poaching Taiwanese talent and stealing core technology poses a real and serious threat to Taiwan’s national security. While the wording varies, the drafts focus on toughening penalties, defining industrial espionage and identifying hostile foreign forces.
At meetings of the legislature’s Economics Committee over the past few weeks, the National Security Bureau and the Mainland Affairs Council have expressed broad backing for the legislators’ drafts, but the Ministry of Economic Affairs appears reticent to amend the act, saying that it has
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