In today's world, global collaborative design, development, production and outsourcing activities take place more frequent than they ever did before. Often these activities require the transfer of certain technologies and software to foreign entities. Transfer can take the form of sharing skills, knowledge, methods of manufacturing, samples of manufacturing and facilities with customers, subsidiaries, subcontractors, consultants, universities and partners located abroad.
Export Administration Regulations ("EAR") regulates and controls the export and transfer of specific information necessary for the development, production, or use of controlled dual-use items which are primarily civilian end use products. Furthermore, the technology required for the development, production, or use of a controlled product remains controlled even when applicable to a product controlled at a lower level. Failure to comply with the restrictions applicable to technology and software transfers can result in severe penalties and denial of export privileges.
Intredex recognizes the complexity of the regulations when it comes to these type of transfers. However, well-equipped with the knowledge in the area, we assist our clients to determine the applicability of the export control regulations for their items, review the transfer mediums and engagement types, analyze the license exception eligibility for the transaction, and we guide them through the process of incorporating proactive control mechanisms on the transfer steps.
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