POTENT RISKS FOR IMPORTERS AND EXPORTERS The corresponding risks faced by U.S. businesses as a result of these developments are very significant. As a practical matter, every U.S. individual or business engaging commercially with any Hong Kong individual or business must investigate the potential legal consequences. Keep in mind that many import transactions require sharing of important technical information by the importer to facilitate assurance that technical specs associated with the import product will meet user requirements. In these scenarios, the information shared by the importer easily and often crosses the invisible-itself threshold that divides general information and intellectual property. When this occurs, the communication itself of the needed technical information (regardless of the method) constitutes prohibited or controlled exportation of technology. This same risk extends to dealings with related offices or individuals of the Hong Kong-owned business that are situated outside of Hong Kong or China. The communication of information still constitutes an export, and the U.S. sanctions would apply. The same risk naturally applies with U.S. exports and related communications. Eggenschwiler, an ILMA consultant, is an international trade attorney and principal, global trade and chemical regulations services, for the Redstone Group, a Trinity Consultants company. He can be reached at 614-923-7472 or jeggenschwiler@redstonegrp.com. 17