China sees DNA as a natural resource and is building a huge gene database

Biotechnology is one of the fields of science in which China wants to become a leader. Last year, China declared human DNA a natural resource that the state can dispose of. This has far-reaching consequences for pharmaceutical companies that are active in the country. Is the combination of a totalitarian regime, applied scientific research and rising nationalism a danger?

China has regarded human DNA as a 'natural resource' for two years now.

In principle, the state reserves the right to dispose of all materials that are stored in databases and labs.

Companies with more than half of foreign stakeholders must request permission to work with Chinese DNA.

“Iunderstand my work will be controversial, but I believe families need this technology. And I'm prepared to be criticized for this.' With those words, Chinese scientist He Jianku delightedly announced the birth of Nana and Lulu in a 2018 video. As if he were the father himself. In a way it was. The girls were the first children in the world to have their genes edited. As a result, the twins were no longer susceptible to HIV, the virus that causes AIDS.

The announcement caused a stir around the world about the scientific risks and the ethical and moral dilemmas that He would have failed to realize. He was fined hefty, lost his position at the university and received three years in prison.

The event spurred the Chinese government to accelerate the implementation of rules and legislation on handling human DNA, which had been years in the making. For example, the Biosecurity Act came into effect a year ago. Although the law largely deals with biolabs, biological weapons and infectious diseases in animals, there is also something in a corner that goes quite far by Western standards. Article 53-57 defines human DNA as a "natural resource" and declares the Chinese state to have "sovereign authority" over the "human genetic materials in the country."

Consent required

Due to the pandemic and the discussion about the origin of the coronavirus in China, that part of the law has not attracted much attention so far. But it has caused quite a stir in the pharmaceutical industry, says Aaron Gu, a lawyer at the Chinese law firm Han Kun in Shanghai, which has many pharmaceutical clients as clients. Under the law, foreign organizations and individuals who want to collect, use, store or export 'genetic resources' must now obtain permission. They are also obliged to cooperate with Chinese parties.

Biosecurity Act calls human DNA a 'natural resource' and declares Chinese state 'sovereign authority' over 'genetic materials in the country'

According to Gu, almost all pharmaceutical companies, Chinese or foreign, that conduct clinical research or market research for drugs or medical devices in China are affected by these rules. 'Almost all major pharmaceutical companies have subsidiaries or laboratories in China, many Chinese biotech startups have investments from abroad. I think that the industry has lobbied a lot for more clarity about the practical consequences of the law.'

Partial clarification came last month, when China's council of state published a proposal to develop rules around 'human genetic resources'. The draft rules, which are now under further review, are an improvement, according to Gu. It is now clear when China considers a company to be a 'foreign' entity: if a company is owned for more than 50% by foreign shareholders, investors or other rightful claimants.

From this point of view, companies that are below that percentage do not have to request permission for research, storage and transfer of human DNA data. Unless it concerns data of more than a million people, because the data laws introduced last year prescribe that. "It's still a headache for our lawyers," admits Gu. "The laws overlap, but to what extent we don't know yet." He emphasizes that until now his clients have been given permission for their research within a few weeks or months. "You just need to hire a good lawyer," he jokes. in the same way not to request permission for the research, storage and transfer of human DNA data. Unless it concerns data of more than a million people, because the data laws introduced last year prescribe that. "It's still a headache for our lawyers," admits Gu. "The laws overlap, but to what extent we don't know yet." He emphasizes that until now his clients have been given permission for their research within a few weeks or months. "You just need to hire a good lawyer," he jokes. for our lawyers," admits Gu. "The laws overlap, but to what extent we don't know yet." He emphasizes that until now his clients have been given permission for their research within a few weeks or months. "You just need to hire a good lawyer," he jokes. research. "You just need to hire a good lawyer," he jokes.

Important gene families

So much for the business ramifications. The ethical and moral implications of the draft rules just announced are more far-reaching. The state is allowed to use gene data in the context of 'public health, national security and the public interest', a very broad definition. Local authorities are responsible for implementation, supervision, control and enforcement. The Ministry of Science and Technology has ultimate responsibility. It is striking that the administration of the Xinjiang Autonomous Region is mentioned separately.

China has been collecting DNA from the Uyghur minority in the Xinjiang region on a large scale for years and there are serious doubts about the voluntary participation. For this reason, several articles in scientific journals were rejected and withdrawn after publication, including two publications by a Dutch scientist from Erasmus MC, RTL and Follow the Money reported last year. of the Uyghur minority in the Xinjiang region and there are serious doubts about the voluntary participation. For this reason, several articles in scientific journals were rejected and withdrawn after publication, including two publications by a Dutch scientist from Erasmus MC, RTL and Follow the Money reported last year. e doubts about the voluntary nature of its participation. For this reason, several articles in scientific journals were RTL and Follow the Money reported last year in scientific journals rejected and withdrawn after publication, including two publications by a Dutch scientist from Erasmus MC, RTL and Follow the Money reported last year., including two publications by a Dutch scientist from Erasmus MC.per of Erasmus MC, RTL and Follow the Money reported last year .

'If a national data platform arrives, an ecosystem that controls the government, I find that worrying'coming, an ecosystem is coming that the government controls, I find that worrying'

Yves Moreau, bioinformatician KU Leuven

Yves Moreau, bioinformatician at KU Leuven, has warned about this many times. 'You see the emergence of gene databases worldwide. It is not unreasonable that China is competitive, wants to belong to the world top and therefore wants control over who does what with what data. Many guidelines seem to genuinely want to curb abuse. Research into rare gene mutations and diseases such as Alzheimer's also takes place worldwide. But when a national data platform arrives, an ecosystem that the government controls, I find that worrying.'

Characteristics of Tibetans

Also ominous is the formulation of research into 'groups that have lived for a long time in isolated or special environments and possess certain physical or physiological properties'. Moreau suspects that this is due to the genes of Tibetans, the people living under Chinese rule. 'Tibetans are known to process oxygen in a different way that allows them to live at high altitudes. Over time, Chinese soldiers suffer from health problems and often have to return to sea level. If you're still afraid of uprisings in that area, that's impractical, of course. The Chinese army is therefore very interested in this type of research.'

The draft proposals also state that the government wants to organize national research into 'important gene families' every five years. The bioinformatician does not think that this means a door-to-door census, but a periodic inventory based on existing databases. “But the direction is clear. What I fear is that genetic diversity is going to be exploited as a national asset. Especially because there has been a broad assimilation program in China for some time to impose the Han identity.' families' e is dverheid wants to organize national research into 'important gene families' every five years. The bioinformatician does not think that this means a door-to-door census, but a periodic inventory based on existing databases. “But the direction is clear. What I fear is that genetic diversity is going to be exploited as a national asset. Especially because there has been a broad assimilation program in China for some time to impose the Han identity.'

Forced assimilation

Ethnic minorities that do not belong to the Han majority have been marginalized in the country for years. For example, in 2010, China first introduced bilingual education in regions such as Tibet, Xinjiang and Inner Mongolia. But since 2016, the government in these regions has forced more and more schools to switch to Mandarin as the language of instruction. hearing earlier have been marginalized in the country for years. For example, in 2010, China first introduced bilingual education in regions such as Tibet, first bilingual education in regions like tibet, ngolia. But since 2016, the government in these regions has forced more and more schools to switch to Mandarin as the language of instruction. Xinjiang and Inner Mongolia. But since 2016, the government in these regions has forced more and more schools to switch to Mandarin as the language of instruction.

Moreau: 'The separation of the Hutus and the Tutsis as an ethnic group by the Belgians and the Germans on the basis of physical characteristics contributed to the genocide in Rwanda. The Chinese draft proposals can very quickly turn into a fairly totalitarian image, which can be used to enforce control and assimilation.'

'If it looks like something can be scientifically proven, it can be an enormous boost'

Dienke Hondius, Anne Frank House

Scientific research, in combination with a totalitarian regime and an emerging nationalism: it is a cocktail that quickly evokes associations in the West with the racial thinking of the Nazis and their belief that eugenics could improve the human race. 'It was an extremely effective invention to exclude certain groups,' says Dienke Hondius, researcher at the VU and the Anne Frank House who specializes in the history of anti-Semitism and racism. 'If it looks like something can be scientifically proven, that can be an enormous boost.'

Johannes Houwink ten Cate, emeritus professor of Holocaust and genocide studies, wonders what exactly the authorities in China hope and expect from this research. He warns against jumping to conclusions: 'Assuming a causal relationship in which genetic research would by definition lead to racism, and racism in turn to persecution and mass murder, is a form of historical inevitability that cannot be argued.'

Nevertheless, Hondius believes that vigilance is required. 'Especially because China, like Nazi Germany, has a state apparatus that is afraid of making mistakes. In this everyday bureaucracy, people often act without explicit instructions according to what they think the boss wants. The historian Ian Kershaw described that behavior as “ working towards the Führer” . And remember: everything that is fixed can be used for and against you.'