US – Japan Online Symposium “Economic Security & Export Control Issues for International Research Cooperation”

  • Date:
    2022.09.29(Thu.)
  • Time:
    08:00-11:00 (JST) / 19:00-22:00 (EST: Wed. 28th Sept.)
  • Venue:
    Online Seminar (Zoom Webinar)
    The Zoom Webinar URL will be delivered by email on the day before this event.
  • Language:

    English and Japanese (simultaneous Interpretation available)

  • Hosts and Co-host:

    Hosts: IP & Innovation Research Unit and Security Studies Unit (SSU), Institute for Future Initiatives
    Co-host: TMI Associates

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Registration is now closed for this event.
Overview

In Japan, a four-pillar law on economic security was passed in the ordinary Diet session of 2022. One of the pillars is “Research and Development of Advanced Key Technologies by the Public and Private Sectors” in the fields of space, ocean, quantum, AI, biotechnology, and others.
This bill was discussed at the “Expert Committee on Economic and Security Legislation,” which recommended that “international and strategic technological cooperation should be promoted in order to promote effective R&D, taking into account the characteristics of advanced critical technologies, and to avoid falling into the trap of self-sufficiency. As stated in the above, during the discussion process, there were strong opinions that international joint research should be conducted, especially with the US.
As stated in this recommendation, Japan-U.S. research cooperation, especially in emerging technology fields, is extremely important for Japanese universities. For example, the University of Tokyo and other Japanese universities have deep cooperative relationships with U.S. universities and companies in fields such as quantum, AI, and biotechnology. We believe it is particularly important to promote these relationships and research cooperation with the U.S. within the framework of future public-private R&D or even without government involvement.
To promote such research cooperation, differences of legal system and governance between the U.S. and Japan can be problematic. From the perspective of economic security, it is imperative that research institutions adequately manage research integrity and security, which should be a principle in the current G7 working group discussions. This concept has now been announced as a Japanese government policy last year and is being put into practice at universities.
On the other hand, actual research collaboration between Japan and the U.S. requires compliance with the export control systems established by both countries, and major differences in these systems can hinder research collaboration. The following is a specific list of differences:

(1) Differences between the entity list (U.S.) and user list (Japan)
(2) Differences in the application of the exemption for applied but still fundamental researches and technology and software that arise during, or result from, those researches in export control
(3) For highly sensitive research exchanges, such as the existence of security clearances, differences in systems for restricting the release of patents, etc.

In particular, (1) and (2) are considered to be problematic when conducting academic joint research among universities. The purpose of this symposium is to make a concrete comparison of these issues between Japan and the U.S., and then to discuss the future operation of the U.S. and Japanese systems and responses. At the same time, we like to discuss human resource development for export control management as well as security & integrity management under these systems.

Programme
  • Host: Tomoo Shibano (Partner (Attorney),TMI Associates)

  • Opening Remarks

    Hideaki Shiroyama (Director of Institute for Future Initiatives)
    Tom Hines (Counselor for Economic and Scientific Affairs
    U.S. Embassy in Tokyo)
    Tomoo Shibano (Partner (Attorney),TMI Associates)

  • Session 1
    Report on “Economic Security, Integrity& Security, Export Control” for research cooperation between US and Japan

    Speaker1: Yoichi Iida (Cabinet Councillor, National Security Secretariat, Government of Japan)
    Speaker2: Gonzalo Suarez (Acting Deputy Assistant Secretary, Bureau of International Security and Nonproliferation, U.S. Department of State)

  • Session 2
    Export Control System and Integrity & Security Management from Perspective from research cooperation between US and Japan

    Speaker1: Osamu Aruga (Director for International Affairs
    Secretariat of Science, Technology and Innovation Policy, Cabinet Office, Japan)
    Speaker2: Tobin Smith (Vice President for Science Policy & Global Affairs, Association of American Universities (AAU))
    “Importance of the Fundamental Research Exception in the U.S research program (tentative)”
    Speaker3: Toshiya Watanabe (Vice President of Tokyo University, Professor of Institute for Future Initiatives)
    “Challenges in the Operation of Japan Export Controls for US Japan research cooperation”

  • Session 3
    Case Study & Panel Discussion

    Moderator: Kazuhide Ueno (Partner (Attorney),TMI Associates)
    Panelist1: Ara Thamassian (Chief Research Compliance Officer, Harvard University)
    Panelist2: Keisuke Nakao (University of Tokyo, Vice Director, DUCR )
    Panelist3: Todd Willis (Compliance Specialist from the Directorate of Defense Trade Controls in the Office of Compliance, Bureau of Political-Military Affairs, at the State Department)
    Panelist4: Yosuke Asai (Director,Security Export Control Administration Division, Trade and Economic Cooperation Bureau, METI)

  • Closing Remarks

    Ryo Sahashi (Associate Professor of International Relations Institute for Advanced Studies on Asia/Institute for Future Initiatives)

The U.S.-Japan Online Symposium “Economic Security & Export Control Issues for International Research Cooperation” was held on September 29. There were strong opinions that international joint research should be conducted, especially with the U.S., in order to promote effective research and development. On the other hand, taking into account the characteristics of advanced critical technologies, which should be subject to export control and certain regulations from the perspective of economic security, the importance of balance was discussed as to how the differences in legal systems between countries should be harmonized to protect a free research environment.

In his opening remarks, Professor Hideaki Shiroyama, Director of the Institute for Future Initiatives, the University of Tokyo noted that it’s necessary to avoid falling into the “trap of self-sufficiency,” in other words trying to carry out all aspects of research and development within one country, as research and development are inherently oriented toward open international collaboration, and added that the symposium should provide a forum for discussing the future direction of joint research between the U.S. and Japan based on recognition of the differences in legal systems and actual problems faced by researchers engaged in joint research. Mr. Tom Hines, Counselor for Economic and Scientific Affairs U.S. Embassy in Tokyo commented that, while the U.S.-Japan alliance is stronger than ever before and sound competition and technological innovations are occurring on the frontlines of research, it is also a fact that, in the reality of today’s world, there are people who seek to take advantage of and abuse the open environment for international joint research and development, and it is therefore important to deal with such risks and build a robust system for joint research. Mr. Tomoo Shibano, Partner Attorney of TMI Associates, who presided over the symposium expressed his hope as a global law practitioner that awareness of the frontline researchers be shared and discussed.

※This forum was organized by subsidies from the Ministry of Foreign Affairs.






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