Magus Consulting and International Legal Office
■ Correspondence with International Regimes and Japanese security export control list
*SL: Sensitivity List
Wassenaar Arrangement categorizes list items with Category1 to 9, Sensitive List, and Very Sensitive List individually but Japan security export control list categorizes Wassenaar Category, Sensitive List, and VerySensitive List into a same products groups.
Products (Cargo) is controlled by "Export Cabinet Order" and technologies is controlled by "Foreign Exchange Order" but one Ministerial Order defines the specifications of the products and technologies, therefor Article 1 to 14 specifies products specification and Article 15 to 28 in the same Ministerial Order specifies technologiesspecifications.
■ List Control Items
The following table is the list control items of METI presentations (https://www.meti.go.jp/policy/anpo/englishpage/securityexportcontrolinjapan.pdf)
*As of August, 2019.
Number shows the category number of Cabinet order. (x) shows the items in the category.
Detail specifications are written in Ministerial Order.
You need to check your products are listed or not.
You have to check not only the product itself but also the implemented items, too. For example of machine handling robot, the product itself is the robot, therefore you need to check your robot is in specifications or out of specifications of robot by category 2(15), 6(7), 12(5), 14(7), and also implemented function of measurement equipment 2(12) , valves, servo valves 2(33) , pumps 4(5), camera 2(39)(45), 10(4), motor encoder 7(8), PC 8(1), encryption 9(7), and also for technologies such as PC OS, driver software, application software, instruction manuals, installation manuals, and so on. Thus, this is not only check the category of the product name but also component element have to be checked. And if you find listed items on your product, please consider it can use exception rules such as "De minimis Rule" or partial product exception.
Technologies includes "Technical Data" and "Technical Support".
Technology for Regarding
Design Design research, design analysis, design concept, prototype production / test, pilot production plan, design data, process of changing design data to product, appearance design, comprehensive design, layout
Manufacturing Construction, production engineering, product or integration, assembly, inspection, testing, quality assurance
Usage Operation, installation, maintenance, repair, overhaul, overhaul, repair, instruction manual, operation start, tips
■ Technical Data
Media such as documents, disks, tapes, ROMs,
Or recorded on the device,
Programs or blueprints, diagrams, models, mathematical formulas, design specifications, manuals, instructions, etc.
■ Technical Support
Technical guidance, technical training, provision of work knowledge, consulting services and other forms, provision of technical data
■ In the case that technology must be judged by control list
The time when permission is required is until it is provided, so it is necessary to obtain permission from the Ministry of Economy, Trade and Industry prior to performing the following acts against overseas business partners or overseas subsidiaries.
― Place the information on the FTP site and let the other party download it
― Send information by e-mail or give instructions
― Talking over the phone, making a conference call or video conference
― Handing over documents such as USB / CD and instructions, sending by FAX
If a Japanese employee on a business trip conducts the above-mentioned actions and the employee communicates with the other party in the field, the employee must obtain permission before providing it locally.
Even if employees are overseas, employees in the same organization are not exported. Unlike cargo, the issue is not when it comes to borders, but when it is communicated to non-residents.
When handing over documents (objects) such as USB / CD and instructions overseas, borders will be a problem as well as cargo. is needed.
If a local employee is seconded to an overseas subsidiary, he / she is a non-resident, so information must be obtained from Japan before being transferred to that person.
If you want to know if your product violates this list or not, our office will investigate for $ 250USD.