Kevin Cuddy and Sanjay Notani: New directions and departures – beyond ‘normal’ export controls and sanctions

As the landscape of global security and foreign policy threats both broadens and becomes more intricate, regulators have employed export control and sanctions measures to address wider concerns such as human rights, environment and corruption. At the same time, lawmakers have introduced legislation that would further tighten export controls on many commodity products, increase oversight of outward investment flows, and extend the extraterritorial application of domestic laws. 

But are export controls and sanctions the appropriate tools to address the geopolitical concerns?

This session, presented by IBM’s Kevin Cuddy and international trade and customs lawyer Sanjay Notani of Mumbai-based Economic Laws Practice, starts by describing the more innovative uses of trade controls in recent years, and goes on to explore the other kinds of regulatory and legislative interventions governments might employ, such as: controls on cross-border data flows, new techniques for controlling and tracking the export of intangible technology, tighter investment clearance regimes, and use of artificial intelligence and blockchain technology, in their pursuit of the ‘right’  balance between trade and ‘security’.

About Kevin: Kevin Cuddy is a Government & Regulatory Affairs Executive in the Export Regulation Office at IBM. Prior to joining IBM, he was the inaugural Trade, Technology, and Security Fellow at the Stimson Center, focusing on industry’s role in technology transfers and global non-proliferation programs.

About Sanjay: Sanjay Notani is a partner at the Mumbai office of law firm Economic Laws Practice. He is regarded as being amongst India’s leading lawyers for international trade, technology and related policy matters.