State Council Issued Revised Commercial Cryptography Management Regulations

On May 24, 2023, the Chinese government’s website released the revised Regulations on the Management of Commercial Cryptography (the “Regulations”), which will be effective from July 1, 2023.

The Regulations aim to: (i) improve the management system of commercial cryptography; (ii) promote science and technology innovation and standardization for commercial cryptography, establish a sound mechanism to promote commercial cryptographic science and technology innovation, protect intellectual property rights in the field of commercial cryptography, support the science and technology achievements transformation and industrial application of the achievements in commercial cryptography; (iii) establish a sound testing and certification system for commercial cryptographic, clarify the commercial cryptographic testing, certification body qualification approval conditions, procedures and practice norms; (iv) strengthen the use of electronic authentication services cryptographic and e-government electronic authentication service activities management, clear establishment of electronic authentication trust mechanism to promote mutual trust and mutual recognition of electronic authentication services; (v) regulate the import and export management of commercial cryptography, implement a list-based management for import licensing and export control of commercial cryptography, provide for the approval process; (vi) promote application of commercial cryptography, and clarify requirements for the use of commercial cryptography for key information infrastructure, as well as requirements for national security review.