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  5. Guidance for the Control of Sensitive Technologies for Security Export for Academic and Research Institutions Revised

Guidance for the Control of Sensitive Technologies for Security Export for Academic and Research Institutions Revised

February 4, 2022

The Ministry of Economy, Trade and Industry (METI) released a compiled guidance for academic and research institutions to implement in order to promote compliance with the Foreign Exchange and Foreign Trade Act (Act No. 228 of 1949, hereinafter referred to as "FEFTA"), development of effective systems of security trade control, and improvement of control of sensitive technologies. It has revised the guidance to support appropriate measures taken by academic and research institutes considering the system revisions scheduled to come into effect on May 1, 2022, including clarification of the scope of the “deemed export” control under FEFTA.

1. Background

METI, in cooperation with the Ministry of Education, Culture, Sports, Science and Technology (MEXT) and others, recognizes the necessity of effective security trade control in academic and research institutions engaged in the research and development of advanced technologies. Therefore, it provides briefing sessions for and dispatches experts to academic and research institutions and has prepared and released the Guidance for the Control of Sensitive Technologies for Security Export for Academic and Research Institutions in order to call for attention to concerns about leaking of technology and support the creation of internal management systems.

In recent years, it has become increasingly important to strengthen the control of sensitive technologies at universities and other institutions, considering the increasing risks of technology being leaked to other countries. Although FEFTA has until now required a license in providing certain sensitive technologies to a non-resident in Japan as "deemed exports (Article 25-1 of the FEFTA)," the FEFTA related ministerial ordinances and notifications have been revised (to come into effect on May 1, 2022) in order to review the system. The revisions include the clarification that the provision of sensitive technologies to a resident who is under a significance of foreign governments, etc., is subject to “deemed export” control.

In order to support appropriate measures to the system revisions taken by universities and other institutions, METI has revised the Guidance for the Control of Sensitive Technologies for Security Export for Academic and Research Institutions.

2. Main points of the revisions to the guidance

This revision includes an overview of the system revisions, specific procedures for universities and other institutions to properly implement deemed export control, revised examples of internal regulations for security export control , revised examples of forms, and other material.

3. Future direction

In the future, briefing sessions will be held for academic and research institutions based on the revised guidance in order to make the system revisions widely known and understood. We will continue to conduct reviews while considering the situation regarding security trade control and measures taken by universities and other institutions toward security trade control.

Division in Charge

Security Export Control Administration Division, Trade and Economic Cooperation Bureau