INTANGIBLE TECHNOLOGY TRANSFERS IN EXPORT CONTROLS

INTANGIBLE TECHNOLOGY Assets that have economic value can be classified into two different concepts: Tangible assets, with a specific material form. Intangible assets, which do not have a specific material form. The concept of intangible asset technology includes the manufacturing technique, know-how, and the entire intellectual property with economic value.

ITT Transmission of software or technology by electronic media, including by fax, telephone, electronic mail or any other electronic means to a destination outside the European Community; it includes making available in an electronic form such software and technology to legal and natural persons and partnerships outside the Community. Export also applies to oral transmission of technology described over the telephone;

Exporter of ITT Natural or legal person or partnership which decides to transmit or make available (abroad) software or technology: -by electronic media - including by fax, telephone, electronic mail - or by any other electronic means .

Commercial exports of sensitive information and design of enabling technologies implying a transfer of documents Technical assistance based on a service contract between supplier and recipient Foreign citizens / firms have access to sensitive information in the “supplier´s territory” Technical experts of the “supplier entity” undertake ITT abroad

AWARENESS RAISING Coordination among national export control authorities Public information programmes, outreach visits. Measures to monitor sensitive scientific activities as well as scientific and technological events, based on cooperation with relevant national authorities, information exchange. Guidance and information on proliferation concerns, respecting professional ethic codes, and awareness raising of licensing procedures. Voluntary initiatives in industry and academia. Best practices to minimize risk of diversion.

Conclusions PROTECT CONSTITUTIONAL RIGHTS AND FREEDOMS FOSTER RESEARCH AND SECURE TRADE OF TECHNOLOGY AND KNOW-HOW, AVOIDING PROLIFERATION RISKS INCREASE VIGILANCE ON SENSITIVE ITT TO PRESERVE INTERNATIONAL PEACE AND STABILITY IMPLEMENT LICENSING PROCEDURES FOR ITT UPDATE TOOLS FOR ITT CONTROLS Concepts from multilateral conventions and UNSC. UNSC 1540, 1887, 1735 y 1874 as a background Focus on ITT.