[co-author: Iris Karaman]
On 22 March 2021, the UK Executive printed recent decent guidance on exporting navy or dual-exercise technology.
The guidance gives that controlled software and technology is on the total enviornment to an export licence requirement when it’s miles transmitted to any location outside the United Kingdom. The requirement for a UK export licence is mostly dependent on the location of transferor and the location of the supposed recipient of the controlled technology.
Right here is terribly mighty due to the Brexit, because the guidelines on intangible technology exports between the United Kingdom and the European Union be pleased now modified. Companies involved in transfers of navy or dual-exercise technology between the United Kingdom and the European Union, including between community companies, are knowledgeable to assess whether or now now not the recent guidance has implications on their operations.
In summary, the recent UK guidance sets out:
- Who the UK export controls be aware to.
- The definitions most related to technology (as set up out in the most considerable UK export control regulations) and the scope of the regulations around transferring navy or dual-exercise technology.
- Forms of tangible transfers of technology (e.g. USB, laborious drives, laptops, and pills) and intangible transfers of technology (e.g. phone, video name, and e-mail).
- Technology transfers interior multinational companies that share common IT programs.
- Cloud storage and routing.
- Accessing or downloading controlled technology in another country, employee access to a firm intranet when in another country, third birthday party access in another country to intranets or cloud products and services, third birthday party abet desk and administration products and services, and IT gadget sorting out and repairs.
- Export controls exemptions (including technology exceptions in the Export Control Philosophize 2008, information in the public enviornment and for overall scientific research, technology required for the installation, operation, repairs, or restore of non-navy controlled items, and technology required for the installation, operation, repairs, or restore of controlled items).
- General technology display cloak (GTN) and Nuclear technology display cloak (NTN) in the dual-exercise regulations.
- UK export licences that mask transfers of technology.
- Case research demonstrating some helpful examples of UK technology transfers.
The recent guidance clarifies the UK upright position on transfers of controlled technology by phone or video-conferencing, which be pleased turn into an increasing form of prevalent with the upward thrust of “working from home” in the context of the COVID-19 pandemic. Export controls be aware the attach the technology is contained in a document and transmitted by audio- or video-conferencing skill. This applies when the related segment of that document is read out or described in the form of skill as to develop considerably the identical consequence as if it had been read out. A licence is also required the attach presentations demonstrate controlled technology and are viewed by in another country audiences, which entails screensharing to contributors or a noteworthy broader viewers, and the attach recordings of presentations containing controlled technology are viewed by in another country audiences.
Multinational companies that share common IT programs ought to quiet contain display cloak that they be pleased to make an export licence to switch technology to the supposed recipients of their in another country places of work or subsidiaries. Employees travelling between the United Kingdom and in another country places of work with controlled technology saved on firm or personal devices will even require an export licence.
For cloud transfers, the requirement for an export licence depends on the location of the exporter and recipient of the controlled information and now now not the location of the servers containing the controlled technology. As a consequence of this reality, uploading controlled technology to a cloud-primarily based mostly storage is now now not considered a licensable switch. Nonetheless, if controlled technology is uploaded to a cloud and accessed by a person located outside the United Kingdom, this might possibly occasionally be considered a licensable switch despite the undeniable reality that the cloud is located in the United Kingdom.