Nasscom's participation in outreach events on Intangible Transfers of Strategic Technology and Emerging Technology

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Nasscom's participation in outreach events on Intangible Transfers of Strategic Technology and Emerging Technology

Garima Prakash

@GarimaP

May 30, 2023

Public Policy

272

Nasscom was invited to participate and speak at the event on Intangible Transfers of Strategic Technology and Emerging Technology, organised by the US Export Control and Border Security Programme in Manila, Philippines. The overall aim of the event was to provide a forum to discuss trends in managing export of controlled technology. This event was held in 2 parts -

Peer-to-peer exchange on managing ITT and ET for government stakeholders. Participants included officials from the Government of the Philippines from their Strategic Trade Management Office, and other regional and international strategic trade practitioners and experts from Japan, South Korea, Singapore, the United States, and Europe. The topics covered in this 2-day event included global trends in managing exports of intangible and emerging technologies, motivations behind controlling export of technology (economic, national security, srategic), challenges in regulating technology transfers due to their intangible nature, use of foreign direct investment policy to manage exports, trends in acquisition of strategic technologies by non-state actors, export control compliance by academia etc.
Exchanges on best practices in managing export controls. This was designed for the industry and academia. The topics covered in this 2-day event included developments in strategic and emerging technology controls and compliance, best practices for industry and academia, case studies of unauthorized acquisition of strategic and emerging technology, sectoral considerations in managing emerging technologies, ITT outreach and compliance in India, Japan and South Korea, Technology Control Plans etc.

Nasscom's inputs in the events:

Overall, we emphasised the efforts being undertaken for effective collaboration between industry and government, led by nasscom, to enhance the export control regulations and compliance in India. Specifically, we spoke on:

The Booklet on Elements of an Effective Internal Compliance Programme for export of dual-use items that was published in December 2022 (available here).
The revised policy on Global Authorisation for Intra-company transfers (GAICT) (available here).

There was significant interest among the audience in understanding other information about India’s export control regime, such as, what type of transactions are covered by the GAICT, where can information on the SOCMET list be found, which is the relevant government department responsible for issuing licences etc.

Key takeaways from the event:

Compliance with export controls especially for intangible technology transfers continues to be a challenge for governments all around the world. The compliance must be driven by the industry/academia in good faith and sincerity.
Catch-all control provisions can significantly improve export control compliance and detect bad-actors. These can be used effectively by the industry by being vigilant and screening end-use/end-users properly.
Self-classification tools, helpdesk, classification-query systems set-up by licencing authorities can be a useful tool for accurate classification of controlled items. South Korea’s ‘Yes Trade’ system is a good reference point for this.
Screening for bad-actors in an academic set-up can be much more challenging, as universities may not be dealing with a focussed set of controlled equipment or technology, but with research and development which may or may not be a specific item that can be categorised under the control lists. Therefore, universities need to be vigilant in accepting grants/funds from foreign institutes for conducting research that is not meant for publication.

Next steps:

While we continue to engage with the industry and the government on export control matters, we would specifically focus on expanding the use and availability of bulk-licencing schemes in India, spreading awareness on export control obligations, and providing a forum to the industry to share best-practices and to share feedback with the government.

For more information, kindly write to Garima Prakash (garima@nasscom.in), Priyanshi Dixit (priyanshi@nasscom.in) and Ashish Aggarwal (asaggarwal@nasscom.in) with a copy to policy@nasscom.in.

export controls technology transfers

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Garima Prakash

Manager, Public Policy and Government Affairs

Reach out to me for all things policy about e-commerce, international trade, export controls, start-ups and fintech

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