Publication date: 11.06.2024
Customs control over technology transfer: legal aspects and international experience
IntroductionCustoms control over technology transfer: legal aspects and international experience
Introduction
In today's world, technology has become a key factor in economic development and competitiveness. Technology transfer, i.e. the transfer of technology from one party to another, plays an important role in this process. However, given the potential threat to national security and economic interests, states establish customs control over such transfers. In this article, we will consider the legal aspects of customs control over technology transfer and international experience in this area.
Legal aspects of customs control over technology transfer
National legislation:
- In Ukraine, customs control over technology transfers is regulated by a number of regulations, including the Customs Code of Ukraine, the Law of Ukraine "On State Control over International Transfers of Military and Dual-Use Goods" and other bylaws.
Control over dual-use technologies:
- Technologies that can be used for both civilian and military purposes are subject to special control. This includes licensing the transfer of such technologies, conducting expert assessments, and overseeing their use.
Issuance of licenses and permits:
- The transfer of controlled technologies requires obtaining appropriate licenses and permits from the authorized state authorities. The procedure for obtaining such documents includes submission of an application, expert evaluation and decision-making on issuance or refusal to issue a license.
Sanctions for violations:
- Failure to comply with the requirements for customs control over technology transfers may result in sanctions, including fines, confiscation of technology and criminal liability.
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International experience
European Union:
- The EU has a well-developed system of export controls for dual-use technologies. EU Regulation No. 428/2009 establishes rules for licensing and controlling the export, transfer and transit of such technologies. EU member states cooperate within this system to ensure effective control.
USA:
- In the United States, technology transfers are controlled under the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR). These acts provide for strict requirements for licensing and control over the export of technologies that can be used for military purposes.
China:
- China also has a system of control over technology exports, including dual-use technologies. China's Export Control Law regulates technology transfers and establishes licensing procedures. China actively cooperates with other countries to ensure international security in this area.
International agreements and organizations:
- International agreements and organizations, such as the Missile Technology Control Regime (MTCR), the Nuclear Suppliers Group (NSG), and the Wassenaar Arrangement, play an important role in coordinating technology transfer controls. These organizations set standards and rules to control technology exports.
Conclusions.
Customs control over technology transfer is an important tool for ensuring national security and protecting economic interests. Implementing effective control systems requires close cooperation at the national and international levels.
In today's world, technology has become a key factor in economic development and competitiveness. Technology transfer, i.e. the transfer of technology from one party to another, plays an important role in this process. However, given the potential threat to national security and economic interests, states establish customs control over such transfers. In this article, we will consider the legal aspects of customs control over technology transfer and international experience in this area.
Legal aspects of customs control over technology transfer
National legislation:
- In Ukraine, customs control over technology transfers is regulated by a number of regulations, including the Customs Code of Ukraine, the Law of Ukraine "On State Control over International Transfers of Military and Dual-Use Goods" and other bylaws.
Control over dual-use technologies:
- Technologies that can be used for both civilian and military purposes are subject to special control. This includes licensing the transfer of such technologies, conducting expert assessments, and overseeing their use.
Issuance of licenses and permits:
- The transfer of controlled technologies requires obtaining appropriate licenses and permits from the authorized state authorities. The procedure for obtaining such documents includes submission of an application, expert evaluation and decision-making on the issuance or refusal to issue a license.
Sanctions for violations:
- Failure to comply with the requirements for customs control over technology transfers may result in sanctions, including fines, confiscation of technology and criminal liability.
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International experience
European Union:
- The EU has a well-developed system of export controls for dual-use technologies. EU Regulation No. 428/2009 establishes rules for licensing and controlling the export, transfer and transit of such technologies. EU member states cooperate within this system to ensure effective control.
USA:
- In the United States, technology transfers are controlled under the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR). These acts provide for strict requirements for licensing and control over the export of technologies that can be used for military purposes.
China:
- China also has a system of control over technology exports, including dual-use technologies. China's Export Control Law regulates technology transfers and establishes licensing procedures. China actively cooperates with other countries to ensure international security in this area.
International agreements and organizations:
- International agreements and organizations, such as the Missile Technology Control Regime (MTCR), the Nuclear Suppliers Group (NSG), and the Wassenaar Arrangement, play an important role in coordinating technology transfer controls. These organizations set standards and rules to control technology exports.
Conclusions.
Customs control over technology transfer is an important tool for ensuring national security and protecting economic interests. Implementing effective control systems requires close cooperation at the national and international levels.
