外國人投資與高科技出口管制之法制研析

Legal Analysis on Foreign Investment and Export Control

近年來，中國大陸海外投資之案件數量與規模與日俱增，且瞄準新興及關鍵技術領域，引發各國對技術外流與國家安全之擔憂。美國於2017、2018年透過《外國投資風險審查現代化法》擴張主管機關之權限，於審查時應考量外國投資是否牽涉到美國之關鍵基礎設施或技術，進而危及其國安相關之技術優勢地位，或使幕後之外國政府獲取實質控制權。歐盟亦建立「外國直接投資審查框架」，將保障國防安全與公共秩序納入考量，強化資訊共享與合作。 （本著作為經濟部科技專案研發成果）

Recently, overseas investment from China has increased rapidly, in the meanwhile targeting emerging and critical technology areas. Concerning about technology leaks and national security, the United States expanded the authority of the competent authority through the "Foreign Investment Risk Review Modernization Act of 2018". Whether foreign investment involves critical infrastructure or technology, thus jeopardize its technological leadership and national security, or enable the foreign government to gain substantial control, should all be taken into consideration during the review. European Union has also established the " Framework for screening of foreign direct investments into the European Union" to take security and public order into consideration, as well as strengthen information sharing and cooperation. In contrast, Taiwan hasn't specifically emphasized the considerations and specific contents of "national security", either in "Statute For Investment By Foreign Nationals" or "Act Governing Relations between the People of the Taiwan Area and the Mainland Area". As a result, the government still needs to modify related regulations comprehensively, so as to prevent technology outflows and strengthen national security effectively.