Taiwan To Criminalize Nvidia AI Chip Smuggling To China
The Legislative Yuan's Economics Committee held a public hearing on Monday on an amendment to the Foreign Trade Act proposed by lawmakers of the ruling Democratic Progressive Party (DPP). It would ban exports of specified integrated circuits, key wafer materials, components and chipmaking equipment to mainland China without government approval.
Violators would face up to 10 years in prison and fines of NT$5 million to NT$10 million (US$155,000 to US$310,000), according to the proposed amendment. The same penalties would apply to anyone shipping controlled goods to China through a third country, while illegal gains would be confiscated.
The bill follows a case in which prosecutors in Keelung indicted nine people in August this year, including the general manager of Taiwanese firm Flying Tiger Technology and staff at the local units of Nvidia and Super Micro Computer. They allegedly diverted 74 Nvidia B300 servers to Chinese buyers for a profit of more than NT$600 million (US$18.5 million).
Yet none of the nine faces an export charge. Prosecutors relied on breach of trust and document forgery under the Criminal Code, building their case around the fake end-user papers the group used to pass Nvidia's and Super Micro's checks and a cover story that the servers would run in a rented data center in Taiwan.
Selling the servers to China broke the two companies' internal rules and US export curbs, but not Taiwanese law. In legal terms, Taipei was prosecuting a paperwork fraud rather than an export violation.
Taiwanese officials and commentators said the amendment would close that gap by making the unauthorized export of listed chips, materials and equipment to China a criminal offense in its own right, whether the goods are shipped directly or routed through a third country.
“As a global hub of the semiconductor and AI supply chains, Taiwan's export controls on these products have drawn international attention,” William Liu, director-general of the International Trade Administration under the Ministry of Economic Affairs, said at Monday's hearing.“Export controls have shifted from preventing weapons proliferation to becoming a strategic tool for countries to protect their technological edge and national security.”
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