Export Control Basics



Similar documents
University of Louisiana System

Export Control Laws Training Presentation FLORIDA INSTITUTE OF TECHNOLOGY

EXPORT CONTROLS COMPLIANCE

Middle Tennessee State University. Office of Research Services

EXPORT CONTROLS AND RESEARCH AT WPI TRAINING PRESENTATION

Policy and Procedures Date:

Export Control Training

Harvard Export Control Compliance Policy Statement

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

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

Export Control Compliance Program Guidelines January 2012

Export Control Compliance Procedure Guide June 8, 2012

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

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

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

Export Control Management System

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

Export Control Compliance Program Guidelines April 2015

Policy on Export of Physical and Intellectual Property Export Controls

Supplier Awareness. Export Control/ ITAR

A Primer on U.S. Export Controls

SI/SAO Export Compliance Training 1/9/2014

Export Control Management & Compliance Plan

University of Maryland Export Compliance Program

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

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

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

EXPORT CONTROL GUIDELINES FOR STAFF

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

Addendum 529 (5/13) Page 1 of 5

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

Export Controls and Cloud Computing: Legal Risks

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

FOREIGN VISITOR CHECKLIST

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

Bossier Parish Community College

FREIGHT FORWARDER GUIDANCE

EXPORT CONTROL PROGRAM

Selected Troublesome/Unacceptable Clauses Related to Information Release and Foreign Nationals

Export Controls Compliance

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

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

International Trade Compliance Alert

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

CHINA S EXPORT CONTROLS AND ENCRYPTION REGULATIONS

Key Elements of International Trade Compliance. Presented by:

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

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

Export Control Compliance Program

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

Foreign Corrupt Practices Act Amendments 1

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

HFS DATA SECURITY TRAINING WITH TECHNOLOGY COMES RESPONSIBILITY

SUMMARY OF KEY SECTIONS OF THE USA PATRIOT ACT OF 2001 By Richard Horowitz, Esq.

Export Controls: University and Industry Collaborations

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

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

EXPORT COMPLIANCE MANUAL

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

Anti-Bribery and Books & Records Provisions of. The Foreign Corrupt Practices Act. Current through Pub. L (November 10, 1998)

A guide to the Defence Trade Controls Amendment Bill 2015

The ITAR and the FCPA: What You Disclose May Hurt You. October 7, 2014

ERIN ENERGY CORPORATION. ANTI-CORRUPTION COMPLIANCE POLICY Effective Date: 10/1/2011

Regulatory Compliance and Trade


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

Pulmonary Associates of Richmond, Inc. Notice of Privacy Practices Page 1 of 6

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

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

The Law of the City of Moscow. No. 30 dated the 30 th of June On the Chamber of Control and Accounts of Moscow

Welcome to the World of Public Cloud Collaboration Allowing Enhanced Security

ITAR Export Control Laws

Counterterrorism and Humanitarian Engagement Project

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

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

Guidelines for Preparing Export License Applications Involving Foreign Nationals

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

Transit and Transhipment of Dual-Use Items. India. By Ritesh Kanodia and Aman Bhalla, Economic Laws Practice

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

Protecting the Value of Your Transaction y

Commonly Used Immigration Terms and Definitions

BRAIN PERFORMANCE & PSYCHOLOGY CENTER NOTICE OF PRIVACY PRACTICES

Billing Code: Guidance Concerning the National Security Review Conducted by the Committee

BOSTON UNIVERSITY Dual Use Research of Concern ( DURC ) Policy

Table of Contents SCOPE RECORDS TO BE RETAINED

I-9'S : COMPLYING WITH REGULATIONS

ITAR Compliance Best Practices Guide

Central Texas College District Human Resource Management Operating Policies and Procedures Manual Policy No. 294: Computer Security Policy

International ACH Transactions (IAT): What is it & How Does It Affect Your Organization?

EXPORT COMPLIANCE PROGRAM MANUAL. University of Delaware

1 L.R.O Electronic Transactions CAP. 308B ELECTRONIC TRANSACTIONS

Committee on Civil Liberties, Justice and Home Affairs - The Secretariat - Background Note on

MOREHOUSE COLLEGE. Standards of Conduct Guide

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

Alert. Recent Developments in Immigration Law. Business Immigration. January 2011

ADVANCED INTEGRATIVE REHABILITATION AND PAIN CENTER David P. Sniezek, DC, MD, MBA, FAAIM NOTICE OF PRIVACY PRACTICES

Director of Logistics & Compliance James Hall

Insights and Commentary from Dentons

Amgen GLOBAL CORPORATE COMPLIANCE POLICY

UNH Export Control and Embargoes Management Systems

Transcription:

Export Control Basics Updated on May 15, 2014

What are Export Controls? U.S. laws and regulations that restrict the distribution to foreign nationals and foreign countries of strategically important products, services and information for reasons of foreign policy and national security.

What is the purpose of the Regulations? 1 Implement foreign policy goals and objectives 2 3 Prevent terrorism Restrict exports of goods and technology that could contribute to U.S. adversaries military potential 4 5 Restrict exports of goods and technology that could damage the vitality and critical interests of the U.S. Economy Prevent proliferation of weapons of mass destruction (chemical, biological, nuclear)

Federal Agencies with Oversight of Export Control Laws Department of State 1 International Traffic in Arms (ITAR) technologies with inherently military properties Department of Commerce 2 Export Administration Regulations (EAR) technologies with dual uses but primarily commercial Department of Treasury 3 Office of Foreign Asset Control (OFAC) - prohibits transactions of value with certain countries and individuals

What is an Export Physical shipment of goods or items Electronic or digital transmission of goods or items Release of specific technical data to any foreign national Access by a foreign national of any covered technology

What is an Deemed Export When a foreign national on U.S. soil is exposed to, or allowed access to an export-controlled item or export-controlled software or information. Applies to research assistants, students, visiting foreign researchers, and U.S. citizens visiting a foreign country Does not apply to U.S. citizens or permanent residents ( green card ) May occur through visual inspection, electronic mail, oral exchange and a variety of other means

The Export License Requirement Although many of the University s activities are exempt from export control laws, some activities may be restricted. In those cases, prior written authorization (a license) from one or more U.S. Government agencies will be required to carry out certain sponsored research or other educational activities involving specified technologies or certain countries, if an exemption or exclusion is not available.

Exemptions/ Exclusions for Universities Activities The University does not need to apply for an export control license if one of the following exemptions apply: Public Domain Exclusion (ITAR, EAR)* Education Exclusion (ITAR, EAR) Fundamental Research Exclusion (ITAR, EAR)* Employment Exclusion (ITAR only) * Under the ITAR, the Fundamental Research Exclusion is a subset of the Public Domain Exclusion.

Fundamental Research Exclusion (ITAR, EAR) No License is required to disclose to foreign nationals information which is published and which is generally accessible or available to the public [through, for example] fundamental research in science and engineering at universities where this resulting information is ordinarily published and shared broadly in the scientific community

Caution!! Certain Activities May Compromise the Fundamental Research Exclusion The FRE is destroyed if the University accepts any contract /grant that: 1 Forbids the participation of foreign nationals 2 3 4 Gives the sponsors the right to approve publications resulting from research; or Otherwise operates to forbid participation in the research and/or access to and disclosure of research results This includes side deals that may be made outside the terms of the award

Other Areas of Concern Although research is the primary area of concern, there are other University activities that may raise export control compliance issues such as: 1 2 3 Providing services (such as training) to foreign persons/entities (ORSP) Academic Travel (Academic Affairs) Hiring a foreign national to work at UNO in a temporary, nonimmigrant status (H-1B, H1B1, L-1 and O-1A) (OISS) 4 Equipment IR Camera, Advanced Computer Chips, etc. Software Encryption, Commercial Package (Oracle), etc. Departmental procedures have been developed to identify potential export control issues in these areas.

Export Control Policies and Procedures at UNO UNO policies and procedures for export control matters are set forth in the following policy documents: UL System PPM-16: EXPORT CONTROL http://www.ulsystem.net/assets/docs/searchable/boards/m- (16) Export Control.pdf UNO - AP-RE-05.2 - Compliance with Export Control Laws and Regulations http://www.uno.edu/president/administrative-policies/ Employees are expected to be familiar with and to comply with these policies and procedures. Failure to do so may result in severe civil and/or criminal penalties for the individual including substantial fines, imprisonment and debarment from government contracting and substantial fines and debarment from government contracting for the University.

Export Control for Research Faculty and Staff This is a very general overview of U.S, export control regulations and how they can impact various University related activities. Research faculty and staff will be expected to attend a more detailed discussion of the UNO export control policies and procedures.

Whom to Contact: Facility Security Officer 1 OTMC@uno.edu (504) 280-3943 Export Control regulations are comlex and subject to frequent change. If you have questions about wether a particular activity raises export control issues, you are encouraged to contact: The Office of Research and Sponsored Programs 2 vpresearch@uno.edu (504) 280-6836

THANK YOU!