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Kyushu University International Legal Office

Export Control

Kyushu University (“KU”) has more frequently taken part in academic exchange and industry-university collaboration on an international level. Accordingly KU faculties, staffs and students have been actively engaged in educational activities and researches beyond national borders. They are providing or sharing intangible information such as technological idea through USB, CD-ROMs or drawings (“Technology”) with foreign persons in or outside Japan, and/or sending (or hand carrying) tangible or physical items such as research equipments, materials or prototypes (“Goods”) outside of Japan. KU faculties, staffs and students who are engaged in these activities must be aware of “Export Controls” that provided for the Foreign Exchange and Foreign Trade Act and applicable laws and regulations in Japan (“Foreign Trade Act”).

Export controls govern the shipment of the Goods or transferring of the Technology (“Transactions”). Japan has set in place the export controls in accordance with the Foreign Trade Act to prevent from proliferation of weapons for mass destruction under an international framework.

KU puts into effect “Rules for Securities and Export Control at Kyushu University” in April 2010, in order to comply with the Foreign Trade Act. In accordance with the Rules, KU has established an export control structure.
When KU faculties, staffs and students conduct the Transactions, they must follow an Application Procedure provided for the Rules.

Q01.A foreign person in my laboratory is from a country on the End-User List. Is there any problem if I provide a Technology to the foreign person?

A.Please refer to Article 3 of Guidelines of Kyushu University for Securities and Export Control. If you provide a Technology that regarded as the, you do NOT have to complete the Application Procedure, but otherwise, you do.

Q02.How long does it take to get a license from the Minister of Economy, Trade and Industry?

A.It depends on the category of the item specified in Attachment List No.1 of the Export Trade Control Order of Japan. It may take a few weeks or a few months to get a license.

Q03.Do I have to submit Application Forms even thought I figure out an export license is NOT required to send the Goods?

A.Yes, you have to submit Application Forms prior to the shipment. Even if the Goods are regarded as NOT need the export license, it is still necessary to confirm "destination" and "purpose of use" of the Goods. Please make sure to fill out the Application Forms and submit it to the Department for Export Control in Divisions.

Q04.Who is responsible if I send the Goods believing in the determination of manufacturer that the Goods do not need an export license, and it turns out that the Goods needed the export license?

A.Even if the manufacturer has made a determination in error, the person who has exported the Goods is regarded as responsible under the Foreign Trade Act. You should always be fully satisfied with the explanation the manufacturer gives you about why it has made such determination.

Q05.If a non-resident foreign person, is employed by KU for only two months, is he or she regarded as a resident of Japan?

A.A non-resident foreign person is regarded as a resident of Japan under the Foreign Trade Act upon obtaining employment in Japan. Please make sure to supply any Technology to such foreign person only after identifying the organization to which the foreign person belongs and confirming that the foreign person will not apply the Technology for military use after going back to their home country.

Q06.Can I bring any items that are not subject to the list control when I go abroad on business?

A.You do NOT need to submit the Application Forms of the items available on the general market (e.g. a personal cell phone, laptop computer, hair dryer, watch, etc.) for any personal-use. However, if you intend to provide such items to foreign persons in foreign countries, you need to submit Application Forms accordingly.

Q07.If I will be working on joint research project with a foreign firm or university, do I need to complete any of export control procedure before starting the project?

A.When you are working on a joint research project with foreign firm or university and you find exporting Goods or supplying Technology, please begin the export control procedure at that point. Although you do NOT need to complete the export control procedure for the joint research project itself before you begin, you should know the details of the foreign firm or university you are partnering with in advance, and confirm the safety under the export controls.

Q08.Do I need a license to provide patent information to a foreign firm or persons?

A.Published patent information is regarded as Technology in the "public domain" and it is therefore NOT necessary to apply for a license through the export control procedure.

Q09.I know that a license is generally NOT required for papers being presented at academic conferences, but does this mean I can provide any Technology whatsoever?

A.Any paper that is drafted for presentation at an academic conference is excluded from export controls. However, if your papers present a Technology might facilitate the development of mass-destruction weapons, you should make a careful determination as to if it is appropriate to make it public. If you are unsure about whether this is the case, you should contact the "Department for Export Control in Divisions" or the "Department for Supervision of Export Control."

Q10.Is giving a lecture regarded as supplying Technology?

A.Giving a lecture using a textbook that is available on the market is regarded as supplying Technology in the public domain, and it is therefore excluded from export controls. However, if you give a lecture to international post-graduate students including research students using know-how, data or programs that have not yet been in the public domain, you may need to get a license for this, depending on the content of the Technology in question.

Q11.If I mention Technology while communicating with a foreign parson by phone or email, am I regarded as supplying Technology?

A.If you talk about any Technology that is not in the public domain to a non-resident of Japan by phone, email or any other means, you are regarded as supplying Technology. Please refer to Article 3 of Guidelines of Kyushu University for Securities and Export Control, and if your Transaction is NOT regarded as the exceptions, you need to complete KU’s Application Procedures.

CONTACT US

Kyushu University International Legal Office (QILO)

Industry-University-Government Collaboration Innovation Plaza
3-8-34 Momochihama Sawara-ku Fukuoka 814-0001, Japan
Tel: +81-92-822-8848
Fax: +81-92-822-8844

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