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

Terms of use

Terms of Use

The use of this site and the content contained therein is governed by the Terms of Use. When you use this site you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms hereof and such terms as may be modified from time to time.

All text, graphics, audio, design and other works on the site are the copyrighted works of nasscom unless otherwise indicated. All rights reserved.
Content on the site is for personal use only and may be downloaded provided the material is kept intact and there is no violation of the copyrights, trademarks, and other proprietary rights. Any alteration of the material or use of the material contained in the site for any other purpose is a violation of the copyright of nasscom and / or its affiliates or associates or of its third-party information providers. This material cannot be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way for non-personal use without obtaining the prior permission from nasscom.
The nasscom Members login is for the reference of only registered nasscom Member Companies.
nasscom reserves the right to modify the terms of use of any service without any liability. nasscom reserves the right to take all measures necessary to prevent access to any service or termination of service if the terms of use are not complied with or are contravened or there is any violation of copyright, trademark or other proprietary right.
From time to time nasscom may supplement these terms of use with additional terms pertaining to specific content (additional terms). Such additional terms are hereby incorporated by reference into these Terms of Use.

Disclaimer

The Company information provided on the nasscom web site is as per data collected by companies. nasscom is not liable on the authenticity of such data.
nasscom has exercised due diligence in checking the correctness and authenticity of the information contained in the site, but nasscom or any of its affiliates or associates or employees shall not be in any way responsible for any loss or damage that may arise to any person from any inadvertent error in the information contained in this site. The information from or through this site is provided "as is" and all warranties express or implied of any kind, regarding any matter pertaining to any service or channel, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed. nasscom and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.
nasscom or its affiliates or associates or its employees do not provide any judgments or warranty in respect of the authenticity or correctness of the content of other services or sites to which links are provided. A link to another service or site is not an endorsement of any products or services on such site or the site.
The content provided is for information purposes alone and does not substitute for specific advice whether investment, legal, taxation or otherwise. nasscom disclaims all liability for damages caused by use of content on the site.
All responsibility and liability for any damages caused by downloading of any data is disclaimed.
nasscom reserves the right to modify, suspend / cancel, or discontinue any or all sections, or service at any time without notice.

For any grievances under the Information Technology Act 2000, please get in touch with Grievance Officer, Mr. Anirban Mandal at data-query@nasscom.in.

New

See all

No notification found.

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

Disclaimer

That the contents of third-party articles/blogs published here on the website, and the interpretation of all information in the article/blogs such as data, maps, numbers, opinions etc. displayed in the article/blogs and views or the opinions expressed within the content are solely of the author's; and do not reflect the opinions and beliefs of NASSCOM or its affiliates in any manner. NASSCOM does not take any liability w.r.t. content in any manner and will not be liable in any manner whatsoever for any kind of liability arising out of any act, error or omission. The contents of third-party article/blogs published, are provided solely as convenience; and the presence of these articles/blogs should not, under any circumstances, be considered as an endorsement of the contents by NASSCOM in any manner; and if you chose to access these articles/blogs , you do so at your own risk.

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