Deemed Export Control

Deemed Export Control is the system to control the transaction for the purpose of technology transfer from a “resident” to a “non‐resident” or “Specific Category” within resident in Japan, for keeping international peace and security.

Specific Category

It has been clarified that the provision of sensitive technology to a resident as well as a non-resident is subject to “deemed export” control if it falls under a situation (specific categories) in which the resident is so strongly influenced by the non-resident that the transaction can be considered virtually identical to a transaction in which the resident transfers sensitive technology to a non-resident, based on the amendment of act of “deemed export” (METI “Notification for Transactions or Acts of Transferring Technology Requiring Permission pursuant to ・Article 25 (1) of the Foreign Exchange and Foreign Trade Act and Article 17 (2) of the Foreign Exchange Order”) on May 1st, 2022.

• Category①：Person under the control of a foreign government, corporation or university by contract
• Category②：Person substantially under the control of foreign government by economic interestst
• Category③：Person acting in Japan under instruction s of a foreign government

For members in Kyushu University

As part of the university’s duty of care, universities are required to check and understand in advance the applicability of specific categories of its students and faculty members. We encourage you to watch video, then check your own situation and register from E-Learning.

For Off-Campus Visitors

Off-Campus visitors may be required to submit Resident/ non-Resident, etc. when utilizing Kyushu University’s facilities. In this case, please confirm, in accordance with the Steps below, you are resident/non-resident, and you meet whether or not specific category if you are resident.

Step1：Confirmation of Resident or non-Resident

【For Off-Campus Visitors】Please confirm if you are resident or non-resident in accordance with the table below.

Resident

Japanese(※individuals) Those who live in Japan Those who work at diplomatic establishments in Japan

Foreigner(※individuals) Those who work at an office in Japan Those who come to Japan and stay for six or more months

Corporation Domestic companies based in Japan Branches, agencies, or other offices of a foreign company in Japan Foreign diplomatic offices in Japan

Non-resident

Japanese(※individuals) Those who left Japan to work at an office in a foreign country and live therein Those who left Japan to live in foreign country for two or more years Those who go to a foreign country and stay therein for two or more years Those who meet any of 1 to 3 above, return to Japan temporarily, and stay for less than six months

Foreigner(※individuals) Those who live overseas Those who provide public service in a foreign government or international organ Diplomatic officials or attendants/employees who work at a consulate (limited to those who are appointed or employed overseas）

Corporation Foreign companies based in a foreign country Foreign branches, agencies, or other offices of a Japanese corporation Foreign governments’ offices or international organizations in Japan

The US Forces, UN Forces, and constituent members thereof

Step2: Confirmation of Specific Category

【For Off-Campus Visitors】For resident：Please confirm you meet whether or not Specific Category in accordance with the flowchart below.

Yes/No Chart for Checking Specific Category

Specific Category 1

Have you entered into an employment contract (i.e., temporal or physical obligation regardless of its name), a delegation contract as a board member with a foreign corporation (including a foreign university) or a foreign government?

Is there any agreement, with your foreign corporation or foreign government (the Foreign Institution), that confirms the direction or the duty of care according to the contract with Kyushu University supersedes the direction or the duty of care according to the contract with the Foreign Institution?

Is the foreign corporation, with which you have contracted, a group foreign company of the destination of the confirmation form (i.e., Kyushu University)?

Specific Category 2

Do you earn or agree to earn, as an individual not in the name “Kyushu University”, a large amount of money or other significant profit from a foreign government?

Does the profit account for 25% or more of your annual income when converted into money?

参照：経産省「特定類型該当性確認のための簡易YES/NOチャート」

YES/NO Chart for checking Specific Category

※Please feel free to use this YES-NO chart for checking Specific Category.

Specific Category1 ①

Have you entered into an employment contract (i.e., temporal or physical obligation regardless of its name), a delegation contract as a board member with a foreign corporation (including a foreign university) or a foreign government?

• YES
• NO