Year
2016
Abstract
Based on the constitution, the ROK (Republic of Korea) assures the international free trade between countries. However, the company which tries to export the products and technologies is responsible for the international trade not even related to the proliferation of WMD (Weapon of Mass destruction). If the items and technologies transferred without the relevant export license are used for the development of WMD, the company transferred them has got to get tangible and intangible losses such as legal limitations, punishment and the bad image of the company. To efficiently implement the obligation of export control, the company promoting the export in the ROK acquires the internal compliance program (ICP) from the regulatory body of ROK and complies with a rule for export license. Recently, the government of the ROK revised the foreign trade laws and regulations related to export control. According to the revised laws and regulations, the Korean government encourages not only the international trade companies but also the R&D institutes including the universities to establish the ICP so that they can efficiently control the export license by themselves. KAERI is one of the R&D institutes sponsored by the Korean government. As KAERI’s main field for R&D is nuclear, most of export licenses at KAERI have been related to nuclear items and technologies controlled by NSG. Since KAERI was established in 1959, it has worked for peaceful use of nuclear energy. As of now, most of the export licenses have been for nuclear items, not for dual use items such as common materials and equipment, and electronic fields. Even those dual use items are not related to KAERI’s main R&D fields, they may be indirectly involved in export control. Therefore, KAERI is also concerned about the export control in the other R&D fields. For the ITT (Intangible Technology Transfer) export controls on the other R&D fields, KAERI considers introducing the ICP and cooperates with the relevant authority. The best way to understand the ICP is to study the domestic and foreign implementation cases. As for the foreign cases such as the USA, EU and Japan, they regard the ICP as the indispensable choice for the export control. With regard to the domestic cases, the international trade companies leading export have already used the ICP very well. Based on the Korean government’s recommendation, KAIST (Korea Advanced Institute of Science and Technology) has acquired the ICP. However, there is no institute sponsored by the Korean government to acquire the ICP from the Authority issuing the ICP license. Should KAERI receive the ICP, this will be the role model for the R&D institutes. The goal of this study is to understand the ICP rightly and suggest the most available methods to set up the ICP (i.e. organization, rules and regulations, classification, audit, education) for the export control at KAERI.