Scope of technology transfer: what counts as export?
‘Technology’ is defined as information necessary for the development, production or use of goods. This might take the form of blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, or manuals and instructions, either written or recorded on other media or devices such as disks, tapes or read-only memories. Information can be exported in different ways.
The tangible transfer of technology can be in many forms. This includes information either written on physical documents or recorded on other media, such as:
- USB flash drives
- portable hard drives
- laptops
- tablets
Technology can also be transferred in an intangible form by using electronic media and platforms, such as email, videoconferencing or via phone call. Downloading media can fall under export controls depending on the download location.
Technology is exempt from export control law where a) the information is already in the public domain (i.e. already available without restriction, beyond copyright, upon further dissemination); where b) it is limited solely to basic scientific research (i.e. experimental or theoretical work undertaken principally to acquire knowledge of the fundamental principles or phenomena or observable facts and not primarily directed towards a specific practical aim or objective); where c) it is the minimum required for the installation, operation, maintenance or repair of non-military controlled items, whose export has been previously authorised or where d) the information is the minimum required for patent applications.
Please note: Export licences are required irrespective whether or not the controlled technology is transferred in an encrypted form.
Software Transfer
Software is generally not controlled if any of the following three exemptions apply:
1. It is generally available to the public by being:
- Sold from stock at retail selling points, without restriction, by means of over-the-counter transactions; mail order transactions; electronic transactions; or telephone call transactions; AND
- Designed for installation by the user without further substantial support by the supplier.
2. It is in the Public Domain without restriction (with the exception of copyright restrictions).
3. It is the minimum necessary "object code" for the installation, operation, maintenance (checking) or repair of those items whose export has been authorised.