Malaysia Strategic Trade Summit 2023: Advancing Strategic Trade for the IT Industry

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Malaysia Strategic Trade Summit 2023: Advancing Strategic Trade for the IT Industry

priyanshi

@priyanshi

November 2, 2023

Public Policy

The Malaysia Strategic Trade Summit 2023, ‘MySTS’ (also known as the Export Control Summit) was organized by the Ministry of Investment, Trade and Industry of Malaysia in partnership with the U.S. Export Control and Border Security (EXBS) Program and the U.S. Department of Energy. The summit provided a platform for industry experts, government departments, and academic institutions to come together for discussions and exchange of insights regarding the latest developments in export control regulations.

The central focus of the summit was knowledge and experience sharing from global forums on practices to counter the challenge of effectively controlling intangible transfers. This focus on strategic trade was specifically relevant for the IT industry. There have been rapid technological developments resulting in the expansion of the use of information and communication technology for technology transfers. This has led to a global consensus on introducing controls on the export of technology through intangible means. This includes technology transfer through email, software, cloud, etc., that have dual-use potential. This is specifically of significance to India given the volume of exports of software products and services by our IT industry.

The discussion on day one was titled ‘Industry Outreach on Strategic Trade’ with the overall theme to facilitate outreach on compliance practices, emphasise on the intersection between supply chain security and Sustainable Development Goals and Environment, Social and Governance. This featured discussions around controlling and targeting the transit and transshipment of dual-use goods and sensitive materials, complying with sanctions by re-assessing gaps in current internal compliance programs, knowledge sharing regarding Internal Compliance Programmes, Technology Control Programmes for academic institutions that are involved in technology transfers, and cybersecurity and export control and the best practices around it. It included insights from industry on the intersection of cybersecurity risks management in collaboration with export control compliance teams to ensure minimal risk factors to ensure there is no abuse of technology by an end-user.

The discussion on day two was on Women in Strategic Trade, the ‘WiST’ initiative which is an ASEAN country centred and lead initiative with the aim to foster participation of women in the strategic trade field. This was the second annual WiST forum that was hosted as a part of the MySTS and included sharing perspectives on emerging technology and strategic trade, professional experiences of women in strategic trade and methods to ensure advancement and retention of women in the field at all stages of their careers.

Key Takeaways:

Industry, through the years, especially in ASEAN countries has come together to effectively share best practices and continuously improve compliances by rapidly adopting the Internal Compliance Program (ICP) as an essential ingredient for compliance measures. In India, there has been a significant contribution from the industry to strengthen compliance with export control laws through self-initiated efforts of implementing ICPs. Nasscom’s booklet on ICP can be accessed here.
For controlling export of emerging technologies, the key is to ensure that the technology in question is ripe before it is regulated. This assessment is crucial to ensure premature regulation does not hinder innovation. It is important for Industry and government to work in tandem identify regulatory measures through collaboration.
Trade facilitation support programs play a key role in ensuring harmonization of export processes and build resilience for unforeseen risks that may emerge. This is possible through helpdesks, support programs, outreach efforts and continuous industry-government interaction. It is also important to have an internal resilience plan in place. In the past years, India has seen tremendous efforts from the government in organizing regional outreach programs on SCOMET for the industry that facilitate robust compliance with the laws and foster open discussions between industry and government on new developments.
Sustainability should be an integral part of compliance in trade. It is ideal to consider key environmental factors in risk assessment under existing compliance management and control framework.

Nasscom is continuing to work with the industry and government, specifically on introducing added bulk licensing and expanding its scope for ease of doing business in India. For more information, please write to priyanshi@nasscom.in and garima@nasscom.in with a copy to policy@nasscom.in.

export control

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priyanshi

Senior Associate, Public Policy and Government Affairs

Reach out to me for everything data, platforms, or export controls!