Ministry of Commerce: Solicits Public Comments on the Special Provisions on the Protection of China's Commercial Secrets, Clarifying Investigation and Countermeasure Measures Against Foreign Entities

On October 26, in order to safeguard national sovereignty, security, and development interests, and to protect the lawful rights and interests of Chinese rights holders, in accordance with the Foreign Trade Law of the People's Republic of China and other relevant laws and regulations, the Ministry of Commerce has drafted the Special Provisions on the Protection of China's Commercial Secrets (Draft for Comment) and is now soliciting public comments. The draft states that foreign entities that engage in conduct infringing China's commercial secrets in international economic and trade activities and related activities, and at the same time endanger or pose a real threat to China's national sovereignty, security, and development interests, shall be subject to these provisions. The Ministry of Commerce has the authority to decide to investigate such entities and may take measures including restricting or prohibiting their import and export of goods and technologies related to China and their new investment within China. The full text is as follows: Notice on Soliciting Public Comments on the Special Provisions on the Protection of China's Commercial Secrets (Draft for Comment) In order to safeguard national sovereignty, security, and development interests, and to protect the lawful rights and interests of Chinese rights holders, in accordance with the Foreign Trade Law of the People's Republic of China and other relevant laws and regulations, the Ministry of Commerce has drafted the Special Provisions on the Protection of China's Commercial Secrets (Draft for Comment) and is now soliciting public comments. The public may submit comments through the following channels and methods: 1. Fax: 010-65198997 2. Email: tfszcc@mofcom.gov.cn 3. Letter: Department of Treaty and Law, Ministry of Commerce, No. 2 East Chang'an Avenue, Beijing, Postal Code 100731. Please indicate "Public Comments on the Special Provisions on the Protection of China's Commercial Secrets (Draft for Comment)" on the first page of the fax, in the subject line of the email, or on the envelope. The deadline for feedback is November 24, 2026. This article is excerpted from the official website of the Ministry of Commerce; edited by Chen Siyu of GMTEight.