THE JOURNAL OF EXPORT CONTROLS AND SANCTIONS

Issue 73, October 2018

Tightened restrictions on technology transfer under the Export Control Reform Act

New legislation seeks to tighten controls on the transfer of certain US technology to foreign persons, increase scrutiny of export licence applications, and expand jurisdiction over US persons..

New legislation seeks to tighten controls on the transfer of certain US technology to foreign persons, increase scrutiny of export licence applications, and expand jurisdiction over US persons providing foreign defence intelligence services – though not necessarily immediately, write Skadden.   On 13 August 2018, President Donald Trump signed into law the John S. McCain National Defense Authorization Act (‘NDAA’) for fiscal year 2019. A key focus of legislation contained in the NDAA is to protect US technological advances through closer scrutiny of technology transfer to foreign persons and its implications on US national security and foreign policy. In addition...

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