International Transfer Research Articles

Правові засади державного контролю за міжнародними передачами товарів подвійного використання

Background. The need to control international transfers of dual-use goods remains an urgent need of the entire International Community in the twenty-first century, as such processes are accompanied by the risk of obtaining these goods by international terrorist groups, international criminal organizations and governments of states against which restrictive measures have been introduced. The purpose of the article is to provide a theoretical justification for the administrative and legal model of state control over international transfers of dual-use goods. Methods. In the course of the study, the author used the general scientific methods of analysis, synthesis, induction, deduction, as well as the formal legal method. Results. The analysis of the study, conducted by representatives of the Kyiv School of Economics and the Yermak-McFaul International Working Group, resulted in the identification of the necessary information on the volume of imports by the aggressor state of certain types of dualuse goods, as well as on the routes of supply of such goods. As it turned out, a third of such imported goods were manufactured by companies registered in states that have imposed certain restrictions on such transfers and many of which are parties to the Wassenaar Arrangement. It is worth noting that this agreement does not provide for the exchange of information on transferred dual-use goods (except for those covered by the Sensitive List and the Very Sensitive List). The existence of a provision establishing the need to exchange information on international transfers of all dual-use goods to states that are not parties to the specified export control regime will encourage governments of member states to strengthen national control over international transfers of such goods. Conclusions. Several conclusions and proposals have been developed to improve the regulation of state control over international transfers of dual-use goods. In particular, the need for the Ministry of Foreign Affairs of Ukraine to develop, first, draft amendments to the Wassenaar Arrangement's founding documents to launch the exchange of information between member states on the transfer of all dual-use goods to nonparties to the agreement, and, second, a plan to reach consensus with other member states on the implementation of such amendments.

Manipulation of Transfer Pricing Rules by Multinational Enterprises in Developing Countries: The Challenges and Solutions

Domestic revenue mobilisation has become a topical issue in developing countries, and their capacity to regulate multinational enterprises (MNE) transactions to minimise Base Erosion and Profit Shifting (BEPS) remains a formidable task. Faced with legislative deficiencies, implementation incapacities, and being at the nascent stages of adopting transfer pricing (TP) regulation, developing countries have remained at the mercy of MNEs’ BEPS practices. The complexity and intricacies of intragroup transactions have an impact on profit allocation, thus affecting the distribution of taxing rights across countries where these MNEs operate. This study explores the regulatory policies toward international transfer pricing in the context of developing nations and the associated challenges. The paper proffers possible solutions to improve TP regulation and implementation. Specifically, the paper centres its attention on Zimbabwe, one of the developing nations that have implemented transfer pricing legislation in recent years. Mitigating the impact of BEPS through efforts, such as regulating and managing TP would avail potential substantial finance to shift developing countries from aid dependence to self-sustenance, yet these efforts face a lot of hurdles. Research that contributes to knowledge development in the area, evaluates the hurdles faced and contributes to policy and implementation improvements becomes vital. This study found that Zimbabwe is faced with challenges such as lack of legislative clarity, lack of comparability data, shortage of resources, lack of capacity and dysfunctional double taxation agreements in dealing with transfer pricing. The study recommends Zimbabwe should improve legislation, create TP databases, improve revenue authorities’ capacity, and increase stakeholder awareness of TP.

A Neutrosophic Decision-Making Methods of the Key Aspects for Supply Chain Management in International Business Administrations

The importance of supply chain management in the field of international business administration is investigated in this study. Global businesses rely heavily on effective supply chain management, which coordinates the international transfer of materials, data, and money. The paper illuminates the critical nature of supply chain management on a worldwide scale. Distance, cultural differences, legal constraints, and logistics are only some of the problems and complexity of international supply chain management that are explored in this article. Topics covered include supplier selection and management, demand forecasting, inventory control, transportation, and distribution network design, as well as other techniques used by businesses to improve their worldwide supply chains. The study also discusses how international supply networks are affected by globalization, free trade agreements, and geopolitical considerations. Organizational strategies for overcoming hurdles such as tariffs, quotas, and political instability in international commerce are discussed. This paper used the neutrosophic sets (NSs) to deal with uncertainty in assessment factors of supply chains in international business. The NS is integrated with the DEMATEL method. The neutrosophic DEMATEL is used to show relationships between factors.

Legal bases of international transfer and acceptance of criminal prosecution (proceedings) in foreign states: comparativist analysis

Legal bases of international transfer and acceptance of criminal prosecution (proceedings) in foreign states: comparativist analysis

НАПРАВЛЕНИЯ СОВЕРШЕНСТВОВАНИЯ ИННОВАЦИОННОГО РАЗВИТИЯ ОТЕЧЕСТВЕННОЙ ЭКОНОМИЧЕСКОЙ СИСТЕМЫ

The purpose of the article is to systematize the problems and develop recommendations for improving the innovative development of the economic system of the Russian Federation. The main objectives of the article are: clarification of the content of the concept of “innovative development of the economic system”; systematization of the problems of innovative development of the economic system of the Russian Federation; formation of recommendations for improving the innovative development of the economic system of the Russian Federation. Methodology. The methodological basis of the article is the dialectical method of studying trends and problems of innovative development and a systematic approach. In the process of writing the article, such research methods as analysis, synthesis, induction, deduction, analysis of normative legal acts and statistical information were used, correlation and regression. Results. We have systematized the main institutional, organizational, financial, analytical and methodological problems of ensuring the effectiveness of innovative development of the modern economy of the Russian Federation. Based on the functional analysis, insufficient efficiency of investments in innovations in the economy of the Russian Federation 2012-2023 was revealed. Recommendations have been developed on the formation of a comprehensive federal program to enhance the innovative development of the Russian Federation (for example, for the period up to 2030), which would include measures to tax incentives for innovatively active companies, administrative impact in terms of enhancing the involvement of domestic banks and insurance organizations in innovative processes, measures to intensify the processes of formation, development and improvement of national, regional and local innovative industrial and other industry clusters, to develop mutually beneficial international transfer of advanced technologies with friendly countries.

Methodological proposal for the transfer of industrial manufacturing processes in a transnational firm: A China-Mexico particular case

This paper addresses the problem of the transfer of international production processes in the manufacturing industry and proposes a methodology to identify the essential activities required for it. The bibliographical research reveals the problems associated with the lack of an objective methodology in the management of projects for the transfer of processes between countries. In order to solve this problem and in the absence of a specific methodology, a case study was developed, based on the transfer of the Zoned Amplified production line of the Carrier company, from China to Mexico. In order to obtain a solid and complete methodology, different authors and proposed approaches for manufacturing transfers were compared, collecting the relevant information. As a result, a methodology composed of seven steps is proposed, either: factors for implementation, initiation of transfer documentation, design of the transfer plan, design for manufacturing, technology transfer and installation requirements, validation process and, finally, launch. This contributes to the industry in general, a practical and effective guide to address international process transfer projects, associated with specific standards in some cases, thereby overcoming the associated challenges and guaranteeing success in their execution.

СОВРЕМЕННЫЕ ТЕНДЕНЦИИ РАЗВИТИЯ ТРАНCФЕРА ТЕХНОЛОГИЙ (НА ПРИМЕРЕ ЭНЕРГЕТИКИ)

The 20th century is the century of discoveries and new technologies. The following 21st century is characterized by the development of the economy due to the growth of investment in technology and the development of international technology transfer, i.e. technology exchange. The growth of knowledge is limited by the objective limitations of the existing means of research and experimentation, and is also limited by the financial budget. The COVID-19 pandemic has contributed to the improvement of business processes and the environment through innovation, the development of e-retail and high-tech products. The study determined that the United States is the leader in R&D spending, followed by other developed countries (Germany, South Korea, Japan), while China ranks first in terms of the number of patents and the level of innovation. Russia ranks 7th in the world in terms of the number of registered and protected inventions, and R&D spending is less than 1% of GDP in 2021. A study of nuclear industry projects led to the conclusion that it is not very susceptible to sanctions. Rosatom State Corporation cooperates with both Asian and European countries. At the same time, one can single out a trend towards a decrease in sales of technologies in embodied form due to sanctions rhetoric for other sectors of the extractive industry in Russia. An important constraint is the young legislation in the field of innovation. Against the backdrop of insufficient state support for the scientific sphere and sanctions pressure, market mechanisms do not ensure the strengthening of cooperation between Russia and other countries. For Russia, it is important to exchange developments between participants in the local market, with colleagues, at least in the industry. It is not advisable to expect the exchange of technologies with Chinese, Indian and other partners who are guided by TT with Western countries; active measures are needed to promote public-private partnerships, create conditions for “cultivation” and commercialization of domestic developments in technology parks and other clusters.

Mapping the landscape of HRM research in higher education: a 40-year review and directions for future research

PurposeThe purpose of this study is to analyze and map the terrain of human resource management (HRM) in higher education (HE) contexts, with the aim of uncovering potential gaps within the existing knowledge base.Design/methodology/approachThis study employs a unique, in-depth bibliometric analysis of 945 publications from the Web of Science database over the past 40 years between 1981 and 2022.FindingsBased on the bibliometric analysis, the authors retrospectively examined the dominant research themes in HRM within the HE sphere, tracing their evolution over time. Four central clusters emerged: the theoretical foundations of HRM, strategic HRM, organizational culture and human capital development. Furthermore, the authors pinpointed critical research gaps and proposed areas for future inquiry, such as the impact of HRM on productivity, leadership dynamics, sustainable growth development, international staffing strategies and knowledge transfer mechanisms.Research limitations/implicationsThis study demonstrates how academics can use bibliometric techniques to systemize literature, expose potential gaps and suggest fruitful lines of inquiry in the field of investigation. The findings of this study can also help improve the decision-making processes of managers and human resource professionals.Originality/valueThis study provides readers with a systematic understanding of the development of HRM in HE settings and presents forward-looking perspectives, highlighting future research possibilities. Moreover, it validates the significance of bibliometric analysis as an efficient technique for discovering gaps in the existing literature.

African returnees in international knowledge transfer: A social capital perspective

In response to the fast growing number of African returnees and the important roles that they play in transferring international knowledge back to the African continent, this qualitative, exploratory study unpacks the role of African returnees in delivering international knowledge obtained from another social context of the Global South through their work and/or study experience, and identifies social factors that facilitate or hinder international knowledge transfer from a social capital perspective. Drawing on qualitative interview data collected from 20 Ghanaian returnees plus an expert interview, observation notes and archival data, we develop an enhanced social capital model in the Global South context. Our model strengthens the understanding of the role of diaspora in international knowledge transfer in general, and that of African returnees in knowledge transfer in the Global South in particular. Specifically, this study offers insights on the interconnections among the three dimensions of social structure (i.e., market relations, social relations and hierarchical relations), African returnees' relations in their social structure, the sources of social capital derived from social relations through opportunity, motivations and ability, and the value created for successful knowledge transfer as a result of the integrative effects of returnees' social capital.

The influence of European Union personal data protection standards in Latin America from the perspective of social actors and Latin American authorities

This article seeks to delve into the perspectives of social actors across several Latin American nations regarding the impact of the European Union’s (EU) personal data protection standards on their respective legal and administrative systems. The analysis is structured into three distinct sections, each contributing to a comprehensive understanding of this influence, culminating in a concise conclusion. The initial segment scrutinises excerpts from field interviews, shedding light on the influence of the EU and its legal provisions in shaping the national legal frameworks of researched countries, including Argentina, Brazil, Colombia, Chile, Costa Rica, Mexico, Panama, Peru, and Uruguay. The second part shifts the focus to a post General Data Protection Regulation (GDPR) era, exploring the heightened awareness surrounding adequacy processes crucial for securing favourable decisions from the European Commission for international data transfers. Concluding the analysis, the third part examines selected excerpts from interviews about the relationship between the abovementioned countries and the Council of Europe’s Convention 108+ and the Budapest Convention. Notably, these conventions serve as additional benchmarks in the data protection landscape. In summary, findings from the field research underscore that the influence of EU law significantly outweighs that derived from standards outlined in Council of Europe treaties. Additionally, interviews reveal a palpable recognition of the imperative to draw insights from diverse global regulatory examples, hinting at the potential for a unified global regulation.

Evolution of the South China Sea geo-pattern based on the “geo-potential-strategic triangle” framework

The South China Sea region is one of the most important international geopolitical problem regions. Against the background of international power transfer and China's peaceful rise, the changes in the South China Sea geo-pattern based on the power game not only concern China's national territorial sovereignty and maritime rights and interests, but also profoundly affect the security order of the Asia-Pacific region and even the world. In order to better study the evolution of the South China Sea geo-pattern and to judge the overall security situation, this study constructs a “geo-potential-strategic triangle” analytical framework to explore the evolution of the South China Sea geo-pattern from 2000 to 2018. The study shows that: (1) the geo-potential of each geo-actor shows a generally increasing trend. Based on the evolution curve of the South China Sea geo-pattern obtained from the geo-potential comparison, the South China Sea geo-pattern during the study period can be divided into the overall stabilization stage (2000–2010) and the tense phase(2010–2018). (2) through the mutual corroboration analysis of the evolution curve of the South China Sea geo-pattern and the interaction facts of related geo-actors, the assessment results coincide with the development of the security situation in the South China Sea region. This validates the applicability of the analytical framework in the geo-strategic intersection areas. The study aims to provide a new way of thinking for the quantitative assessment and analysis of the geo-pattern in the South China Sea region and other geo-strategic intersection areas. The study can help to objectively depict the evolution of the South China Sea geo-pattern, grasp the security situation in the South China Sea, and provide decision-making aids for sustainable peace and security, and differences management among the nations in the South China Sea region. This will further promote the construction of the regional ocean governance system and the construction of a closer “maritime community with a shared future”.

교수학습센터 프로그램의 학습효과에 대한 체계적 문헌 분석

Objectives The purpose of this study is to examine the current status of CTL programs for 4-year university stu-dents in terms of program purposes, target audiences, instructional approaches, and learning outcomes.
 Methods This study adopted a systematic literature review to analyze the research findings related the CTL pro-grams published between the year 2018 and June 2023. We searched KCI indexed journal articles using sing in-clusion criteria and narrowed down to 53 journal articles for analysis.
 Results ‘Achieving good grades and improving learning achievement’ was a predominant purpose of the CTL pro-grams followed by ‘Strengthening core competencies’ and ‘Enhancing self-directed learning’. The majority of the program target audiences were undergraduates without any restriction followed by low learning achievers includ-ing those who received academic probation. A learning community was the most popular instructional approach of CTL programs followed by a mixed approach, workshops, and tutoring. The primary learning outcomes of the CTL programs included ‘Improving learning achievement’, ‘Enhancing self-directed learning’, and ‘Strengthening core competencies’.
 Conclusions The research findings indicate that the CTL programs predominantly focus on improving learning achievement and enhancing GPA. It is necessary to diversify the CTL programs to satisfy the needs of diverse students other than academic accomplishment. Also, the Centers for Teaching and Learning need to pay more at-tention to underrepresented target audiences of the CT programs, including international students, transfer stu-dents, or freshmen. Finally, the CTL programs should provide students with specific guidelines on how to operate learning communities to maximize learning achievement.

Mind the professional void! Career capital development and transfer in international assignments

PurposeThis study aims to address this unexplored influence of international assignment types on the development, transfer and utilization of career capital by assigned repatriates from host to home country. In response to existing literature gap, it aligns with the need for qualitative case studies that delve into threats to the self-reinforcement of repatriates' career capital.Design/methodology/approachBy mean of a qualitative case study, this paper deepens understanding of linkages and processes in career capital development and clarify the interplay between individual interpretations of career actions and the organizational context in which they unfold. Nineteen qualitative interviews with assigned repatriates explored the impact of exposure to new career contexts.FindingsThis study provides valuable insights into the complex dynamics of career capital development and transfer during international assignments. It elucidates the impact of career context on assigned repatriates' career capital, emphasizing challenges in career capital generation, dispersion and absorption within multinational enterprises. It contributes to understanding the complexities of (new) managerial capacity development by revealing varied effects that international assignments can exert on individuals' immediate competencies and career capital.Practical implicationsIf the assigned expatriate/repatriate’s understanding of the firm’s assignment motive, and their own motive (understanding/reason) for the assignment corresponds then expectations of outcomes can be better managed. Organizations otherwise run the risk of perpetuating inequities in the career development opportunities of employees.Originality/valueStudies on career capital emphasize its qualities or examine different globally mobile employee types. Yet there's a gap in understanding how the type of assignment impacts career capital development, transfer and utilization. This research fills this void by investigating the international transfer of career capital from host to home country specifically for assigned repatriates.

Exploring the Cargo Potential: A Comprehensive Analysis of Kertajati Airport

Kertajati Airport was constructed to cater the growing demand from West Java Province and its surrounding areas, aiming to address the limitations faced by the previous airport, Husein Sastranegara International Airport in Bandung. The intention was to relieve pressure from Soekarno-Hatta International Airport and accommodate passengers from the former airport. However, since its inauguration in 2018, the airport's activities have fallen short of initial expectations. In response to this challenge, the West Java Provincial Government has strategized to reposition Kertajati Airport as a dedicated cargo-centric facility, aiming to pivot its focus to a financial solution. This study encompasses an in-depth analysis of the cargo potential, considering the key commodities within West Java, strategies for cargo transfer from Soekarno-Hatta and Husein Sastranegara airports, estimated travel time and associated costs to Kertajati Airport, and the most efficient aircraft types for cargo transportation. The findings reveal that Kertajati Airport's catchment area encompasses 19 districts/cities (70%) within West Java and 3 districts/cities (9%) in Central Java. The demand forecasting analysis projects the volume for international and domestic cargo in 2028 originating from Soekarno-Hatta Airport, indicating a 13% transfer, are 62 tons and 56 tons, respectively. Concurrently, the anticipated demand volume for international and domestic cargo transfer from Husein Sastranegara Airport in 2023 are 4 tons and 30 tons, respectively. The concentration of cargo potential lies prominently in areas rich in key commodities, notably Bandung City, Bandung Barat District, Tasikmalaya District, Garut District, and Sumedang District. The results indicate that there is a potential to promote the Kertajati Airport into a cargo-centric facility. More deep research with more data will give more confidence to focus in developing this facility.

Do export tax rebates promote firm upgrading? Evidences from labor-intensive firms in China

With increasing the low-cost competition in international market, firm upgrading especially for Chinese labor-intensive firms is vital to strengthening their export competitiveness. Using a panel data of Chinese labor-intensive firms for 2001–2013, this paper explores whether export tax rebates (ETR) promote firm upgrading measured by technological sophistication and product quality. Results show that a positively significant effect of ETR on firm upgrading. An increase in ETR rates by 10 % upgrades technological sophistication by 2.3 % and product quality by 2.1 %. Moreover, there exists an inverse-U shaped relationship between the rebate rate and firm upgrading, and the turning point occurs when the rate is at 0.15 for technological sophistication and at 0.13 for product quality. Further mechanism analysis reveals that the internal knowledge creation and international knowledge transfer are two parallel pathways linking ETR and firm upgrading. The effect of ETR on technological sophistication is carried mainly by internal knowledge creation, while international knowledge transfer is more important for upgrading product quality. However, the ETR effects vary across firms with different characters.

Analisis Ketidakmerataan Layanan Publik Money Remitance Western Union di Kantor Pos Kota Tanjungpinang Terhadap Geraknya Modernisasi Layanan Bank Umum

Western Union is a global financial service company renowned for its money transfer services. With thousands of locations worldwide, including post offices and banks, Western Union enables individuals to send and receive money quickly and securely to nearly any country in the world. The main advantages of using Western Union include speed, convenience, and accessibility. In many cases, money transfers can be completed within minutes. Moreover, with the vast number of Western Union locations, the service is easily accessible to many people. However, it's crucial to be cautious of potential scams and always ensure that you're sending money to someone you know and trust. Additionally, the service fees of Western Union can be a consideration, depending on the amount of money sent and the destination country. Overall, Western Union is a solid choice for international money transfer needs, as long as it's used wisely and cautiously. This research shows that this lesser-known service can keep up with global transformation mobilization, introducing and fostering cooperation on service modernization. Using the literature study research method, this can include a study on overseas money transfer services.

. Opening of Branch in Turkey by a Foreign-Based Commercial Enterprise in International Trade and Transfer of the Commercial EnterpriseKeywords Foreign Investment, Multinational Company, Transfer Of Commercial Company, Liberalization, Employment, International Trade

Tarihi çok eskilere dayanan doğrudan yabancı yatırımlar, dünyada yeni ekonomik iklim ve yapı meydana getirmiştir. Gelişmekte olan ülkeler, kalkınma hedeflerini gerçekleştirebilmek, ekonomik kalkınma hedeflerine ulaşmak ve bu gelişmişlik seviyesini sürdürebilmek için gelişmiş ülkelerin desteğine ihtiyaç duyarlar. Türkiye gelişmekte olan bir ülke olduğu için artan nüfusu istihdam edebilmek ve sosyal refah seviyesini sürdürebilmek için yabancı sermayeye ihtiyaç duymaktadır. Yabancı yatırımcının yurt dışındaki merkezine Türkiye’de şube açması, Türkiye’de istihdam alanı yaratması, Türk üreticisinin ürettiği ürün ya da hizmetin uluslararası arenada hareketliliğini sağlaması açısından önemlidir. Dünyada liberalleşme ve küreselleşme karşısında uluslararası arenada rekabet etmek isteyen gelişmekte olan ülkeler, sermaye birikimi yetersizliği karşısında devlet destekli yabancı yatırımlar ile kalkınma hedeflerine kısa sürede ulaşabilmektedirler. 
 Bu araştırmada yurt dışında merkezi bulunan doğrudan yabancı yatırımcıların Türkiye’de kurdukları şirketlerin devri sırasında yaşanan zorluklar ele alınmıştır. Küreselleşme çağında yabancı yatırımcılar, farklı pazarlarda ürünlerini satabilmek, sermayelerini artırabilmek için yaptıkları girişimlerde devir işlemleri sırasında karşılaştıkları sorunlar ele alınmıştır. Çok uluslu şirketlerin, Türkiye’de yatırım yapmak isteyen girişimcilerin yabancı sermayeli firmaların Türkiye’de şube açma işlemlerinde istenen belgeler, devir işlemleri ve bu devir işlemlerinde uyuşmazlıkların çözümü incelenmiştir. 
 Türkiye’nin Avrupa Birliği’ne girme sürecinde Yabancı yatırımcılara yatırım imkânı tanınması gerekir. Türk üreticisinin yabancı pazarda söz sahibi olmasını sağlamak için yabancı yatırımlara ihtiyaç bulunmaktadır. Uluslararası ticaret alanında mevzuatta yapılan değişikliklerle yabancı yatırımların Türkiye’de şirket kurmaları kolaylaşmış Türkiye’de yatırım yapan yabancı yatırımcı sayısı artmıştır.

Discrepancy Between the Object of Reporting Obligation for Banks Under Anti Money Laundering Law and That Which Must Be Kept Confidential Under Anti-Tipping Off Provisions

Based on anti-tipping off provisions, the object that must be kept confidential by the reporting party (inter alias, the Bank) is information related to Suspicious Transactions Report (STR). Meanwhile, things that become the object of reporting obligations for banks also include cash financial report (CTR), and international funds transfer instructions (IFTI). This paper will discuss the legal problems that arise and the paradigm that needs to be formed regarding the discrepancy between objects of reporting obligations for banks based on AML laws and objects that must be kept secret under anti-tipping off provisions. This paper was formed using normative research methods with conceptual, statutory, and comparative approaches. In this paper it is concluded that: (a) the legal problems that arise related to the issues discussed in this paper are that there are no specific provisions that expressively can be appointed if there is a disclosure of the fact related to CTR or IFTI; and (b) The paradigm that needs to be formed regarding the issues discussed in this paper is that Article 12 of the AML Law (anti-tipping off) is applied to violations of disclosing STR. Meanwhile, for the disclosure of CTR and IFTI, the provision that was applied was Article 11 of the AML Law.

The EU–US data privacy framework and the impact on companies in the EEA and USA compared to other international data transfer mechanisms

Third time's a charm? Companies in the European Economic Area, Switzerland and the UK (EEA+) are considering the pros and cons of the third attempt of the EU Commission and US government to establish interoperability between their data protection and privacy law systems, after the demise of the US Safe Harbor Program and the EU–US Privacy Shield. Should US companies register? Are the efforts worth the potential benefits, given that the new programme has already been challenged and may be invalidated like previous programmes for reasons that businesses cannot control? Should companies that were already enrolled in the previous programmes accept automatic enrolment or leave the programme? Can and should companies in the EEA+ rely on EU–US Data Privacy Framework (DPF) registration for international transfers? Or insist on registration in addition to standard contractual clauses (EU SCC 2021) or other compliance mechanisms? Are data transfer impact assessments (DTIAs) still required for transfers to the US? Should they be updated? This paper seeks to help companies find answers to these questions and (I) outlines the background and context of the Adequacy Decision, (II) explains how US companies can join the DPF, (III) discusses the impact of the Adequacy Decision, (IV) summarises requirements for other compliance mechanisms for international data transfers under the GDPR, (V) compares the DPF to other transfer compliance mechanisms and (VI) provides practical considerations and a summary.

Debate 2: Cross Border Reproductive Care Should Be Banned

Motion: For The opinions expressed in this debate are not the personal opinions of the presenter but are points raised to provide a debate. CBRC is defined as “movement of persons from one jurisdiction to another in order to access or provide treatment. Often called “reproductive tourism” but it is “reproductive exile” Existed for many years before fertility treatment-Irish women going to England for abortion. Why? Either unavailable or more affordable. Avoid legal, religious, or ethical restrictions Do we want to encourage breaking the laws of home? Do we encourage exploitation of poor donors/surrogates? Do we want to encourage avoidance of record keeping of donors? CONCERNS Health and safety Legal difficulties, e.g., passport for child Exploitation Children as a “commodity” Children abandoned e.g., Abnormalities SAFEGUARDS Balance rights of individuals against rights of children Need global guidelines/laws- UNTIL THEN; BAN CBRC. Motion: Against Cross-border reproductive care (CBRC) has become a dynamic global phenomenon encompassing various fertility treatments and practices, including surrogacy, embryo donation, age limit, marital status, cost considerations, advanced technology, support systems, known clinician or clinic preference, frozen embryo use, international job transfers, sex selection, PGTA restrictions, and restrictions on the number of embryos transferred. This debate revolves around the motion against banning CBRC, acknowledging its multifaceted nature and the need for comprehensive evaluation of its legal, ethical, and economic implications. CBRC has emerged as a lifeline for individuals facing restrictive reproductive laws in their home countries, offering hope and expanded choices for family building. Critics express concerns over potential exploitation, inadequate regulations, and safety risks associated with CBRC. Ethical dilemmas arise regarding patient autonomy, justice, and discrimination, particularly for LGBTQI individuals seeking fertility treatments in less legally restrictive countries. International organizations such as ESHRE, ASRM, ICMART, and IFFS have initiated efforts to collect data and set guidelines for CBRC. However, more work is needed to establish standardized data registries and harmonize laws to accurately assess the magnitude and scope of CBRC worldwide. A balanced approach to CBRC involves collaborative global governance and cooperation to address challenges while upholding patient rights and ensuring responsible practices. Facilitating access to advanced fertility treatments and safeguarding against potential risks are paramount considerations in shaping the future of cross-border reproductive care. In conclusion, the complexities surrounding CBRC warrant thoughtful deliberation and international collaboration. Rather than imposing a blanket ban, an inclusive approach focusing on transparency, safety, and ethical considerations will foster a responsible and balanced implementation of cross-border reproductive care.