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Kyushu University International Legal Office

Export Control

1.Check if your Transaction is regarded as the EXCEPTIONS

Application Procedure is NOT necessary for the Transactions within following exception. In the following exception, you may engage in the Transactions without completing Application Procedure.

EXCEPTIONS for Exporting of Goods

  • Bringing travel goods or personal goods* to overseas for private use and bring them back to Japan.

*e.g. a personal cell phone, laptop computer, hair dryer, or watch, etc.

EXCEPTIONS for Supplying of Technology

  • Supplying Technology that has already been made public to a large number of people and unspecified number through newspapers, books, journals, catalogs, online files, etc.;
  • Supplying Technology that is available to a large number of people and unspecified number through academic journals, patent information, minutes of public symposiums, etc. that are open to the public;
  • Supplying a computer program whose source code has already been made public; or
  • Supplying Technology during any of the research and educational activities specified separately by the Director of Export Control (listed below).
(i) Supplying the international students with Technology through a textbook, etc.
An international student refers to a student of foreign nationality who has been enrolled in KU separately from Japanese students, and it includes international researchers. A textbook, etc. refers to a book, thesis, chart, data or similar object that is available to the general public or to a large number of people and unspecified number.
(ii) Supplying Technology for educational purposes, in providing advice for a thesis that is expected to be put into the public domain.
Providing advice for a thesis refers to a case in which international students in an undergraduate, master or doctoral program, are being provided with an advice they need to write a thesis that will be submitted for a degree, appear in a magazine or be presented at an academic conference. Put into the public domain refers to the subject matter being accessible to a large number of people and unspecified number, including being stored in a digital archive provided by a library.
(iii) Supplying the minimum amount of Technology apply for or register an industrial property right to the Technology.
This exception applies if the Technology is expected to be put into the public domain in due course (e.g. Technology disclosed in a description attached to a patent application).
(iv) Supplying Technology during joint research with a foreign firm or entity, if there is clearly no strict restriction against putting into domain the Technology or research outcomes.
A strict restriction means that, according to a joint research agreement concluded with a firm or entity for industry-university collaboration, it strictly restricts KU researchers from disclosing the Technology even though he or she has retained it in that research. Although, it includes following events that KU researchers will never be able to make the Technology available or the partner firm or entity is very likely refuse KU researchers’ making it public without a good reason.
(v) Supplying Technology for the purpose of allowing a large number of people and unspecified number to obtain or see the Technology through the distribution of papers written for presentation at an academic conference, the distribution of brochures at exhibitions, etc., or the submission of articles to journals, etc.
This exception applies if it is clear that the Technology will become available to a large number of people and unspecified number, such as when a paper for presentation at an academic conference is sent to the foreign steering committee of the academic conference, a brochure to be distributed at an exhibition, etc. is sent to the foreign venue of the exhibition, or an article is submitted to a foreign journal.。
(vi) Supplying Technology to a large number of people and unspecified number by making a presentation at an international academic conference or submitting an article to an overseas publication.
This exception applies if the Technology will be made available to a large number of people and unspecified number through a presentation at an international academic conference or through a submission of an article to an overseas publication.
(vii) Supplying Technology at a place or event in or outside Japan in which the Technology may be obtained or learned about by a large number of people and unspecified number, such as a tour, lecture, and exhibition at a factory or research facility.
This exception applies if a large number of people and unspecified number will be able to obtain the Technology by participating in a tour, lecture, or exhibition at a factory or research facility affiliated with a university or any other entity.
(viii) Supplying Technology that the Director of Export Control determines such transaction is based on Technology is provided for “basic scientific research” as prescribed in Article 9, paragraph (2), item (i) of the Ministerial Ordinance on Trade Relation Invisible Trade, etc. (last revised as of September 28, 2007; Ordinance of the Ministry of Economy, Trade and Industry No. 10).
A transaction in which Technology is provided for basic scientific research as prescribed in Article 9, paragraph (2), item (i) of the Ministerial Ordinance on Trade Relation Invisible Trade, etc. refers to a research activity conducted using a theoretical or experimental method, with the primary purpose of discovering the principles of phenomena in the field of natural science, which is not conducted for the purpose of designing or producing certain products (1(3)H, Service Directive (Directive of the Trade Bureau No. 1, 20120814); last revised as of August 28, 2012;) and judged whether the Transaction in question falls under this exception by the approval of the Director of Export Control. If you will not be supplying Technology falls under any of (i) to (vii) but you consider that the Transaction may be qualified as “basic scientific research”, you should notify the Department for Supervision of Export Control (KU International Legal Office) of this.

2.Fill out Application Forms and prepare Other Relevant Documents

2-1) Filing out Application Forms

There are three kinds of Application Forms for the Application Procedure. Please verify which of these Application Forms apply to your Transactions and fill out and submit the appropriate one.

  • Bringing research materials, components, prototypes, apparatuses and other articles as personal belongings when going abroad on business
  • Sending or leasing equipment, samples, prototypes and other articles to the research institutes or researchers in overseas
  • Presentation prototypes and other articles at academic conferences, symposia and events held overseas

Application Forms for Exporting Goods
* Click here to see how to fill out the application form <Japanese Only>.

Please be sure to confirm this <Japanese Only>.

  • Supplying Technology that is not intended to be put into the public domain
  • Supplying Technology during joint research with a foreign firm or entity, if there is clearly a strict restriction against putting into domain for the Technology or research outcomes
  • Supplying Technology to specified limited number of foreign persons

Application Forms for Supplying Technology
(Not attached to the Exporting Goods)

  • Supplying Technology that is related to the use, design or manufacturing of Goods and they are attached to the Exporting Goods

Application Forms for Supplying Technology
(Attached to the Exporting Goods)

2-2) Prepare Other Relevant Documents

After completing the Application Forms for Exporting Goods, you will need to prepare other documents.
If you will be submitting Application Forms for Supplying Technology, you will NOT need to submit any other documents.

Documents required from ALL APPLICANTS
1.Information of Goods
- A catalogue, pamphlet, or any other document specifying the product name,
product type and specification of the Goods.
2.Information of Destination
- A catalogue, pamphlet or any other document indicating the location and other data of the destination of the Goods
Documents required by TYPE of APPLICANTS
3.If the Transaction is with a contract:
Submit the contract (copy of joint research agreement, MTA or NDA is fine)
4.If the destination is in Non-White Countries*1
Submit the Checklist of catch-all controls for mass destruction weapons
5.If the recipient is in any of the UN Arms Embargo Regions*2
Submit the Checklist of complementary use controls for conventional weapons
*1
Non-White Countries
Countries other than the 27 Countries (Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Republic of Korea, Luxemburg, the Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Sweden, Switzerland, the United Kingdom, and the United States of America)
*2
UN Arms Embargo Regions
11 countries or regions (Afghanistan, Democratic Republic of the Congo, Côte d'Ivoire, Eritrea, Iraq, Lebanon, Liberia, Libya, North Korea, Somalia, and Sudan)

3.Submit the documents to the Department for Export Control in Divisions.

When you have prepared a set of Application Forms and Other Relevant Documents, submit them to the Department for Export Control in Divisions.

4. Receive a License.

  • If your item is NOT subject to the export controls, a certificate of export controls is issued by the Director of Export Control of Kyushu University.
  • If your item is subject to the export controls, the export license is issued by the Minister of Economy, Trade and Industry.

Please only commence the Transactions after receiving either of the above.

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

legal*qilo.kyushu-u.ac.jp
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