2023 Volume 38 Issue 1 Pages 39-59
Even when transactions to provide information related to certain kinds of technology are completed in the territory of Japan, such transactions may be deemed as exportation and subject to export control. This is "deemed" exportation. From May 1, 2022, the scope of "deemed exportation" is widened for the purpose of strengthening economic security. The expansion of the scope will impact research activities at universities and research institutions. Compared to the USA and EU, the so-called safeguard clause in Japanese law to protect research activities is not well-designed for academia. The scope is narrower than that in the USA and less clear than that in the EU. As long as the current situation without a properly designed safeguard clause should continue, it may cause over-compliance. This paper recommends introducing an adequately designed safeguard clause and strengthening the functions of the legal department.
