Export Controls: What are they? Why do we care?



Similar documents
Harvard Export Control Compliance Policy Statement

Export Control Laws Training Presentation FLORIDA INSTITUTE OF TECHNOLOGY

EXPORT CONTROLS AND RESEARCH AT WPI TRAINING PRESENTATION

Export Control Management System

H-1-B Visa Inspection (H-1B) For College Entrance

Middle Tennessee State University. Office of Research Services

University of Louisiana System

Export Controls. How to Comply with Export Controls. By Kimberly Marshall

Policy and Procedures Date:

Export Controls Just the Basics NCURA REGION VI & VII SPRING MEETING APRIL 2012

Export Control Compliance Program Guidelines January 2012

EXPORT CONTROLS COMPLIANCE

6/27/2014. Sponsored Programs Administration Buzz Session June 25, Agenda. NIH notices Other sponsors UNMC Q&A

Export Control Training

Export Control Basics

Louisiana State University A&M Campus Export Control Compliance Manual October 2013

Export Controls Compliance

Identify the primary export control laws and regulations Distinguish fundamental research from other types of research subject to export controls

Export Control Compliance Procedure Guide June 8, 2012

Expanding Internationally with Confidence by Ensuring Global Trade Compliance

International Traffic in Arms Regulations (ITAR): Who must comply, what is controlled and where do we go from here?

SI/SAO Export Compliance Training 1/9/2014

Export Control Compliance Program Guidelines April 2015

Introduction To Commerce Department. Export Controls U.S. DEPARTMENT OF COMMERCE BUREAU OF INDUSTRY AND SECURITY OFFICE OF EXPORTER SERVICES

Export Compliance Program Policies and Procedures Manual. Office of Research and Economic Development University of Wyoming

University of Maryland Export Compliance Program

EXPORT CONTROLS The Challenge for U.S. Universities. Julie T. Norris (ret.) Office of Sponsored Programs Massachusetts Institute of Technology

Policy on Export of Physical and Intellectual Property Export Controls


EXPORT CONTROL PROGRAM

Table of Contents INTRODUCTION (CCL) STRUCTURE

SYSTEM OF HIGHER EDUCATION PROCEDURES AND GUIDELINES MANUAL CHAPTER 16 EXPORT CONTROL AND ECONOMIC SANCTIONS POLICY

1. Not Subject to the EAR and Defense Article. (1) Reserved. (2) Reserved

US Export Regulations Compliance. Presented by Larry Disenhof Cadence Design Systems, Inc.

Insights and Commentary from Dentons

University of Virginia Export Compliance Management Program Manual

EXPORT COMPLIANCE PROGRAM MANUAL. University of Delaware

nt Plan the University research, findings, and openly their But over technology access an The vast Charlotte University Page 1 of 21

Introduction to Braumiller Schulz LLP Why Trade Compliance? Establishing an Internal Compliance Program (ICP) Contracting Services to Outside Experts

U.S. EXPORT CONTROL LAWS AND REGULATIONS

U.S. Department of Commerce Bureau of Industry and Security. How to Classify Your Item

COMPUTER & INTERNET. Westlaw Journal. Expert Analysis Software Development and U.S. Export Controls

Second Annual Impact of Export Controls on Higher Education & Scientific Institutions

Mastering Global Trade Compliance for Growth Through Export. Track 1 Session 3

Processing of Deemed Export License Application. Robert Juste Electronics and Materials Division

BOSTON UNIVERSITY EXPORT COMPLIANCE PROGRAM MANUAL

THE UNIVERSITY OF ALABAMA IN HUNTSVILLE. EXPORT COMPLIANCE PROGRAM MANUAL Updated August 2012

Document Downloaded: Monday April 20, Presentation on Deemed Export Controls. Author: Robert Hardy. Published Date: 11/10/2004

How to Complete an H-1B, TN, or E-3 Processing Request Effective 11/1/2013 (Forms Follow Instructions) General Information

Interagency Review of Foreign National Access to Export-Controlled Technology in the United States. Executive Summary

INTANGIBLE TRANSFER OF TECHNOLOGY (ITT) : Regulatory Perspective. Presented by Hjh Nuraffiza Ahmad Strategic Trade Division SKMM

ROCHESTER INSTITUTE OF TECHNOLOGY EXPORT COMPLIANCE PROGRAM

EXPORT COMPLIANCE OFFICE (ECO) MANUAL

International Travel

Table of Contents INTRODUCTION INTRODUCTION IMPORTANT EAR TERMS AND PRINCIPLES ITEMS SUBJECT TO THE EAR..

TECHNOLOGY CONTROL PLAN TEMPLATE

Department of State Questions. 1. Why do I need to get the U.S. Government s approval to export and import defense articles and defense services?

UNIVERSITY OF CHICAGO/EXPORT CONTROL PROCEDURES. 1. Background. 2. Export Control Oversight: Who Is Responsible. 3. Jurisdiction and Classification

Export Control Management & Compliance Plan

Top 10 Questions to Ask Before Exporting Software Containing Encryption

Export Control Compliance Program

Vanderbilt University

Implementing Catch All Controls A Risk Assessment-based Approach Toward Nonproliferation

United States Export Controls on Internet Software Transactions. John F. McKenzie Partner, Baker & McKenzie LLP

GOODMAN GLOBAL GROUP, INC. EXPORT CONTROL AND SANCTIONS COMPLIANCE POLICY

CLOUD COMPUTING, EXPORT CONTROLS AND SANCTIONS. By Richard Tauwhare, Dechert LLP i

Using Technology Control Plans in Export Compliance. Mary Beran, Georgia Tech David Brady, Virginia Tech

Deemed Exports and the Export Control Reform Initiative. Bernard Kritzer Director Office of Exporter Services. July 24, 2013.

EXPORT COMPLIANCE MANUAL

The Export Control Lists of the European Union

A Primer on U.S. Export Controls

Regulatory Compliance and Trade

Export Controls for Research Institutions: Are We Having Fun Yet?

Protecting the Value of Your Transaction y

FOREIGN VISITOR CHECKLIST

US EXPORT CONTROLS & MARGARET M. GATTI, ESQ. LOUIS K. ROTHBERG, ESQ. FEBRUARY 23,

RSA. Frequently Asked Questions. RSA Data Security, Inc. About Cryptography Export Laws. Answers to THE KEYS TO PRIVACY AND AUTHENTICATION

Dual-Use Export Controls on Nanotechnology

CHAPTER IV: SECTION 7 COMPLIANCE WITH U.S. SANCTIONS

Export Controls and Cloud Computing: Legal Risks

CHINA S EXPORT CONTROLS AND ENCRYPTION REGULATIONS

Developments in UE export controls. Jasper Helder, Baker & McKenzie Amsterdam 9 November 2012

UNH Export Control and Embargoes Management Systems

Export Controls: University and Industry Collaborations

Cuban Regulations and Recent Easing of Activities in Cuba

Key Elements of International Trade Compliance. Presented by:

In 2010, after more than a

Legal Issues Affecting Graduate School Administrators Council of Graduate Schools 50 th Annual Meeting

Office of Export Enforcement Bureau of Industry and Security (BIS) U.S. Department of Commerce

EXPORT CONTROL GUIDELINES FOR STAFF

A service offering of Joiner Law Firm PLLC

This Policy supersedes the Terex Corporation Policy on Transactions in Iran, dated June 7, 2013.

Table of Contents SCOPE RECORDS TO BE RETAINED


Summary of the North Korea Sanctions and Policy Enhancement Act of 2016

white paper Mitigate Risk in Handling ediscovery Data Subject to the U.S. Export Control Laws and Regulations

Fundamentals of International Trade Transactions & International Trade Compliance

Great Idea Form. Requirement Summary. Origination. Source: Business Sponsor. GIF #: CSPO-GIF-960 Status: Pending Review Submit Date:

Guidelines for Preparing Export License Applications Involving Foreign Nationals

A guide to the Defence Trade Controls Amendment Bill 2015

Transcription:

Export Controls: What are they? Why do we care? Laura Langton, PhD Export Control Manager langton@wustl.edu 314-747-1378 http://research.wustl.edu/complianceareas/exportcontrols

What is an Export? Release of Commodities (tangible items e.g. equipment) Technology Software Source code Technical data or information Defense articles Defense services to a foreign country or to a foreign person in the U.S. A transfer of technology or technical data to a foreign national within the U.S. is "deemed" to be an export to the home country of the foreign national.

What is an Export? Release can occur through Shipping of items Visual inspection by a foreign national (as in a tour) Face to face or telephone discussions Email/Fax Computer data disclosure Training

U.S. Persons and Foreign Nationals Defined U.S. Person is defined as: Lawful Permanent Residents U.S. Citizens Legal Immigrant with a Green Card Protected Individuals granted asylum or refugee status Foreign National means everyone else, including foreign governments or entities not incorporated to do business in the U.S.

Actual Exports University Examples Shipping items to a foreign collaborator. Temporary export of equipment to a foreign country to conduct field work. PI transfers to a foreign country and samples are transferred to the new institution. PI travels to a foreign country and takes controlled items or information with them (e.g. on a laptop). Depending on the technology and country involved, any of these activities may require a license.

Deemed Exports University Examples A foreign graduate student or postdoc participates in research and is given access to technology controlled for their home country. A foreign visitor has access to controlled equipment or technical data while visiting a university lab or field site. A visitor with connections to a foreign military receives training in a controlled technology while visiting a university. Depending on the technology and country involved, any of these activities may require a license.

What are Export Controls? U.S. laws that regulate the release of strategically important technology, services and information to foreign countries and foreign nationals. Goals of Export Control Laws Include: Prevention of terrorism Prevention of development and proliferation of nuclear, chemical and biological weapons Compliance with trade agreements and embargoes Prevent export of technologies that assist the military potential of adversaries

Who Administers Export Controls? Department of State International Traffic in Arms Regulations (ITAR) Directorate of Defense Trade Controls Military, Space, Satellite 22 CFR 120-130 Department of Commerce Export Administration Regulations (EAR) Bureau of Industry and Security Dual-Use Technologies (civilian or military) 15 CFR 730-773 Department of the Treasury Office of Foreign Assets Control (OFAC) U.S. Sanctions and Embargoed Regimes. Lists of Specially Designated Nationals (SDNs) 31 CFR 500-598 Country Policies and Embargoes

Who Administers Export Controls? Additional Agencies Department of Energy U.S. Nuclear Regulatory Commission Department of Homeland Security

But I m just doing my research.what could go wrong? Criminal and civil penalties Loss of export privileges and/or federal funding Reputation damage Interruptions in research or other activities (when the FBI comes calling.)

Bloomberg Business News November 01, 2012 Why the Professor Went to Prison.Roth, an emeritus professor of electrical engineering, taught and researched at Tennessee for nearly 30 years. A former scientist at NASA, he holds 11 patents and has testified before Congress on nuclear fusion.. http://www.businessweek.com/articles/2012-11-01/why-the-professor-went-to-prison#p1 University Charged with Export Violations May 3, 2013 The University of Massachusetts at Lowell was charged by the Bureau of Industry and Security ( BIS ) for violating export control laws in connection with the export of an atmospheric testing device and related equipment to a party on the BIS Entity List. http://www.williamsmullen.com/news/university-charged-export-violations Bloomberg News April 08, 2012 American Universities Infected by Foreign Spies Detected by FBI http://www.businessweek.com/news/2012-04-08/american-universities-infected-by-foreign-spies-detected-byfbi

Criminal Sanctions Penalties for Violations EAR ITAR OFAC UNIVERSITY Up to $1 million Up to $1 million Up to $1 million INDIVIDUAL (PI) Up to $250,000 and/or up to 10 years in prison Civil Sanctions Up to $1 million and/or up to 10 years in prison Up to $100,000 per violation and/or up to 10 years in prison EAR ITAR OFAC UNIVERSITY Up to $12,000 per violation INDIVIDUAL (PI) Up to $12,000 per violation Up to $500,000 per violation Up to $500,000 per violation Up to $55,000 per violation Up to $55,000 per violation

What Types of Things are Controlled? Commerce Control List Dual Use Item Categories (EAR) Category 0 Nuclear Materials, Facilities and Equipment Category 1 Materials, Chemicals, Microorganisms, and Toxins Category 2 Materials Processing Category 3 Electronics Design, Development, and Production Category 4 Computers Category 5 Part 1: Telecommunications Part 2: Information Security Category 6 Sensors and Lasers Category 7 Navigation and Avionics Category 8 Marine Category 9 Propulsion Systems, Space Vehicles, and Related Equipment Items in these categories have Export Control Classification Numbers (ECCNs).

What Types of Things are Controlled? U.S. Munitions List (ITAR) Firearms, Close Assault Weapons, and Combat Shotguns Materials, Chemicals, Microorganisms, and Toxins Ammunition/Ordnance Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs, and Mines Explosives and Energetic Materials, Propellants, Incendiary Agents, and Their Constituents Vessels of War and Special Naval Equipment Tanks and Military Vehicles Aircraft and Associated Equipment Military Training Equipment Protective Personnel Equipment Military Electronics Fire Control, Range Finder, Optical, Guidance, and Control Equipment Auxiliary Military Equipment Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment Spacecraft Systems and Associated Equipment Nuclear Weapons, Design, and Testing Related Items Classified Articles, Technical Data, and Defense Services Not Otherwise Enumerated Directed Energy Weapons Submersible Vessels, Oceanographic, and Associated Equipment

Exemptions from Export Controls* Fundamental Research Public Domain Educational Institution activities *No exclusions available for encryption software.

Excluded from Export Control Fundamental Research Information resulting from basic and applied research in science and engineering and intended to be published and shared broadly within the scientific community and distinguished from proprietary research and industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary or national security reasons. NSDD-189

When is the Fundamental Research Exclusion NOT Available? Export of tangible items. Outside of the U.S. Publication restrictions, except for brief review for proprietary or patent information. Access/ participation restrictions Encryption software or source code. Information/technology received by WU from sponsor is export controlled.

Exempted from Export Control Information in the Public Domain Information generally accessible to the interested public in any form including: Libraries (public or university) Periodicals, books, print, other media Patents and patent applications Conferences, meetings, seminars, trade shows, or exhibits open to the public or technically qualified public. Websites accessible to the public

Exempted from Export Control Educational Information Information released by instruction in catalog courses and associated teaching laboratories of academic institutions.

Important Definitions Development, Production, or Use Use (for equipment): operation, installation, maintenance, repair, testing, overhaul, and refurbishing Examples laminar flow hoods triggered spark gaps

Dual Use Example Controlled Under the EAR Triggered Spark Gaps Used in a medical device (lithotripter) to break up kidney stones. Can also be used to detonate nuclear weapons. Controlled for India, China, Iran, Pakistan, many others

Restricted Party Screening Visa applicants, foreign visitors, recipients of international shipments (both the individuals and their institutions) should be screened against the government specially designated nationals (SDN) lists. Examples of Restricted Universities and Institutes in China (not exhaustive) Beijing University of Aeronautics and Astronautics (BUAA) Beijing Institute of Technology Beijing Institute of Structure and Environmental Engineering (BISE) China Academy of Launch Vehicle Technology (CALT) Chinese Academy of Engineering Physics (CAEP) Harbin Institute of Technology Harbin Engineering University Nanjing University of Aeronautics and Astronautics Nanjing University of Science & Technology Northwestern Polytechnical University (NPU) Sichuan University Southwest Research Institute of Electronics Technology University of Electronic Science and Technology of China (UESTC)

Export Control Roles and Responsibilities How the University helps Provide training to faculty and staff Restricted Party Screening (Export Control, OISS, OTM, EH&S) Assist faculty and staff with technology classification, license determinations, and Technology Control Plans. Certify H1B Visas Apply for necessary licenses

Export Control Roles and Responsibilities Individual Ultimate responsibility for compliance rests with the individual. Be aware of what technologies in your area are high risk, and who has access to them. To preserve the fundamental research exclusion, do not accept publication or access/participation restrictions if possible, and do not make side deals. Don t assume that because a Visa was granted there are no export issues. Contact the Export Control Manager well in advance of possible issues (for example, before sending an invitation letter to a foreign visitor), or when there are red flags.

RED FLAGS FOR RESEARCHERS Call Export Control before Taking on a defense related project where foreign nationals may have access. Including foreign nationals on a project which has Publication restrictions Access/participation restrictions Involves receipt of proprietary information from sponsor Especially if foreign national staff/students/scholars will be participating in the development, production or use of equipment/technology. Shipping to a foreign country Taking equipment outside of the U.S. for field work Traveling to or taking visitors from Iran, Syria, Sudan, North Korea, Cuba. [China]

Note About Foreign Travel Some countries routinely take laptops upon entry, copy the contents, install spyware, and return them to the traveler. Technical data on laptops may be subject to export controls (it is NOT protected under fundamental research). International travelers are advised to take only what is absolutely necessary. Use of scrubbed or clean laptops is recommended if possible.

Contact Laura Langton Export Control Manager 747-1378 langton@wustl.edu

Questions?