This paper is intended to help exporters identify and anticipate potential issues arising from the international transfer of clean technologies. It seeks to analyze the main legal obstacles faced by exporters in the trade of clean technologies. Identifying barriers and risks can provide predictability in the complex realm of international trade and can help ensure that export transactions are conducted efficiently and are commercially viable. Along with categorizing the various barriers to technology transfer, this paper’s main objective is to propose multiple avenues that exporters can use to mitigate and remove barriers to trade.

By being proactive and informed, exporters can collaborate to transform and facilitate the international transfer of clean technologies with the various stakeholders in the industry, including home and foreign governments. The main obstacles impeding the transfer of clean technologies are categorized into various sections herein. Each section discusses and analyzes the particularities of trade barriers specifically associated with the transfer of goods, services, foreign direct investment, technologies and related legal and regulatory impediments. Concurrently, each section outlines a range of potential solutions and mitigating actions available to exporters.

  • Bernard Colas is a CIGI senior fellow, effective August 2016. He is also a partner at CMKZ — Colas Moreira Kazandjian Zikovsky, an international trade and business law firm based in Montreal.