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

Similar documents
Middle Tennessee State University. Office of Research Services

EXPORT CONTROLS COMPLIANCE

Policy and Procedures Date:

Export Control Compliance Procedure Guide June 8, 2012

Harvard Export Control Compliance Policy Statement

EXPORT CONTROL GUIDELINES FOR STAFF

A Primer on U.S. Export Controls

Export Control Basics

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

University of Louisiana System

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

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

EXPORT CONTROLS AND RESEARCH AT WPI TRAINING PRESENTATION

Export Control Management & Compliance Plan

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

Export Control Compliance Program Guidelines January 2012

SI/SAO Export Compliance Training 1/9/2014

Export Controls and Cloud Computing: Legal Risks

Supplier Awareness. Export Control/ ITAR

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

Export Control Compliance Program Guidelines April 2015

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

Export Controls Compliance

Information Security and Privacy. WHAT is to be done? HOW is it to be done? WHY is it done?

California State University, Sacramento INFORMATION SECURITY PROGRAM

Wellesley College Written Information Security Program

TECHNOLOGY CONTROL PLAN TEMPLATE

Key Elements of International Trade Compliance. Presented by:

University of Maryland Export Compliance Program

Index .700 FORMS - SAMPLE INCIDENT RESPONSE FORM.995 HISTORY

Approved By: Agency Name Management

Information Security Policy and Handbook Overview. ITSS Information Security June 2015

SUBJECT: SECURITY OF ELECTRONIC MEDICAL RECORDS COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA)

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

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

Heather L. Hughes, J.D. HIPAA Privacy Officer U.S. Legal Support, Inc.

Export Control Laws Training Presentation FLORIDA INSTITUTE OF TECHNOLOGY

How To Protect Decd Information From Harm

Welcome to the World of Public Cloud Collaboration Allowing Enhanced Security

Information Security Policy

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

Information security, compliance and the grant life cycle. October 10, 2013

Table of Contents SCOPE RECORDS TO BE RETAINED

Indian Webinar Series:

What Every Organization Needs to Know about Basic HIPAA Compliance and Technology. April 21, 2015

University of Alaska. Cloud Computing Guidelines

Introduction. Purpose. Reference. Applicability. HIPAA Policy 7.1. Safeguards to Protect the Privacy of PHI

EXPORT CONTROL PROGRAM

LAMAR STATE COLLEGE - ORANGE INFORMATION RESOURCES SECURITY MANUAL. for INFORMATION RESOURCES

EXPORT COMPLIANCE OFFICE (ECO) MANUAL

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

Other terms are defined in the Providence Privacy and Security Glossary

Title: Data Security Policy Code: Date: rev Approved: WPL INTRODUCTION

Page 1. Copyright MFA - Moody, Famiglietti & Andronico, LLP. All Rights Reserved.

R345, Information Technology Resource Security 1

ITAR Compliance Best Practices Guide

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

DATA SECURITY AGREEMENT. Addendum # to Contract #

Export Control Training

CREDIT CARD PROCESSING & SECURITY POLICY

How To Protect Research Data From Being Compromised

UNIVERSITY OF MAINE SYSTEM STANDARDS FOR SAFEGUARDING INFORMATION ATTACHMENT C

Gramm Leach Bliley Act. GLBA/HIPAA Information Security Program Committee GLBA, Safeguards Rule Training, Rev. 7/1/2007

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

The Design Society. Information Security Policy

Bossier Parish Community College

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

BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR MULTNOMAH COUNTY, OREGON RESOLUTION NO


plantemoran.com What School Personnel Administrators Need to know

EAR/ITAR Compliance Strategies. Network Performance Inc

Export and Other Troublesome Clauses in Defense Contracting. David Brady, Virginia Tech Mary Beran, Georgia Tech

Addendum 529 (5/13) Page 1 of 5

Accepting Payment Cards and ecommerce Payments

Computer Security Incident Reporting and Response Policy

Responsible Access and Use of Information Technology Resources and Services Policy

FDOH Information and Privacy Awareness Training Learner Course Guide

HIPAA Compliance Evaluation Report

MIT s Information Security Program for Protecting Personal Information Requiring Notification. (Revision date: 2/26/10)

Who Should Know This Policy 2 Definitions 2 Contacts 3 Procedures 3 Forms 5 Related Documents 5 Revision History 5 FAQs 5

Stringent Guidelines. ITAR dictates control over the export and import of. defense-related articles and services on the United States

ITAR: Welcome to Public Cloud Collaboration

Virginia Commonwealth University School of Medicine Information Security Standard

STUDENT RECORD POLICY, PROCEDURES AND DEFINITIONS

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

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

EXPORT COMPLIANCE MANUAL

Newcastle University Information Security Procedures Version 3

Department of Defense INSTRUCTION. Security of Unclassified DoD Information on Non-DoD Information Systems

Information Security Policy

Implementing an Effective Information Security Program in Your Agency

Management and Storage of Sensitive Information UH Information Security Team (InfoSec)

University of Sunderland Business Assurance Information Security Policy

Encryption Security Standard

HIPAA: Understanding The Omnibus Rule and Keeping Your Business Compliant

Accounting and Administrative Manual Section 100: Accounting and Finance

Information Security Manager Training

VERMONT2007. HIV Name-Based Reporting. Report to the Legislature on Act 73 ( ) January 15, 2008

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

Transcription:

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

What is a Technology Control Plan (TCP)? The purpose of a TCP is to control the access and dissemination of export controlled information, materials, technology, data, etc. in accordance with federal export regulations. TCP ensures that everyone working on project understand their obligations under the export control laws and regulations.

Authority: TCP Required The National Industrial Security Program Operating Manual (NISPOM) 10-509 specifies: A Technology Control Plan is required to control access by foreign nationals assigned to, or employed by, cleared contractor facilities unless the CSA [Cognizant Security Agency] determines that procedures already in place at the contractor s facility are adequate. The TCP shall contain procedures to control access for all export-controlled information. (Emphasis Added) International Traffic in Arms Regulations (ITAR) 22CFR 126.13 (c) also encourages use of a Technology Control Plan (TCP): In cases when foreign nationals are employed at or assigned to securitycleared facilities, provision by the applicant of a Technology Control Plan (available from the Defense Investigative Service) will facilitate processing.

Authority continued US Department of Commerce - Export Administration Act (EAA) and EAR Commerce Control List (CCL) -15 CFR 730-774 US Department of Energy & Nuclear Regulatory Commission regulations -10 CFR 810, 110, 205 US Department of the Treasury - Office of Foreign Assets Control (OFAC) International Export Regulations & Requirements Institutional Policy Requirements

Elements of a Technology Control Plan Institutional Commitment Commodity jurisdiction and classification Physical security Information security Project personnel requirements

Elements of a Technology Control Plan Inspections Restricted research training Accountability Recordkeeping Violations and investigations Student and Publication Issues

Institutional Commitment Required in ITAR Registration Required in Voluntary Disclosure submissions Recommended key element of Export Compliance Management Plan

Commodity Jurisdiction and Classification Determine with sponsor, investigators what is controlled and what is not? Determine who has jurisdiction? Obtain a CJ if there is doubt Document export jurisdiction and classification clearly in the TCP

Commodity Jurisdiction and Classification Best Practices If doubt exists-obtain the CJ ITAR until proven innocent If self classifying: Review USML and 120.3 Review contract Discuss with sponsor and PI If not ITAR/DoE, review the CCL

Physical Security

Physical Security Best Practices One lock principle Restricted work area Open/closed storage Access control and key custody Visitor control/ lab tours Available guidance

One Lock Principle There are no regulations specifying required security controls for unclassified export controlled items Design physical and IT security to be a minimum of one lock away from an inadvertent export without license Passwords, keys, etc. May need multiple locks depending on the items controlled and the foreign persons who may obtain unauthorized access

Restricted Work Area When it is necessary to control access to export controlled material in an open area during working hours, a restricted area may be established. A restricted area will normally become necessary when it is impractical or impossible to protect export controlled material because of its size, quantity or other unusual characteristic. The restricted area shall have a clearly defined perimeter, but physical barriers are not required. Personnel within the area shall be responsible for challenging all persons who may lack appropriate access authority. [modified from NISPOM 5-305]

Open vs. Closed Storage Closed storage: the items can be locked in a secure container (cabinet, safe, drawer) preferred (two locks- door and container) Open storage: the items cannot be stored in a secure container when not in use Less preferred, greater risk of inadvertent violation More security precautions necessary

Access Control and Key Custody Access log Key control Manual Electronic (preferred) No piggyback policy! Visitor control Login/logout Escorted Third party access control (e.g., custodians, maintenance, building mgt) Inspection of bags and parcels, electronic storage media

Visit Control and Lab Tours No visual or oral disclosure of controlled items If items cannot be secured during visit- policy of denial when: Deemed export/ defense service risk Not approved by contract or sponsor No need to know DoDI 8582.01 Security of Unclassified DoD Information on Non-DoD Information Systems (June 12, 2012) Proposed DFAR 252.204-7000 Safeguarding Unclassified Information Rule (June 29, 2011) Restricted party & nationality screen Include CV/ Visa review Acknowledge TCP and sign NDA

Available Guidance National Industrial Security Program Operating Manual (NISPOM DoD 5220.22-M Feb 2006) DDTC Compliance Program Guidelines http://pmddtc.state.gov/compliance/documents/compliance_programs.pdf BIS Deemed Exports Webinar http://www.bis.doc.gov/seminarsandtraining/webinars/dewebinarslides.pdf DoDI 8582.01 Security of Unclassified DoD Information on Non-DoD Information Systems (June 12, 2012) Proposed DFAR 252.204-7000 Safeguarding Unclassified Information Rule (June 29, 2011)

Information Security

Information Security Best Practices NO data storage on personal computers!!! NO cloud email exchange or file servers NO data storage or backup on shared servers unless approved by Research Security NO use of unsecured file sharing programs (sharepoints) unless approved by Research Security

Information Security Best Practices Greater security measures for networked machines Request that your department IT administrator review the TCP and help setup computers and data storage devices, Research Security can advise Basic safeguarding checklist: e.g., antivirus checks, firewall enabled, session lock, audit logs, file encryption Strong Passwords: http://www.awareness.security.vt.edu/passwords/strong_passwords.html #id124061-1

Information Security Best Practices Must have dedicated data storage devices (computers/portable hard drives/etc.), these will be wiped or dispositioned at conclusion of project Solid state ( flash ) drives must be destroyed, cannot be wiped If portable, must encrypt Emails of technical data must be encrypted (PGP, VT Soft Certificate, etc.) PI must maintain a list of computers and data storage devices used in the restricted research project, these machines will get higher level security monitoring

Available Guidance National Industrial Security Program Operating Manual (NISPOM DoD 5220.22-M Feb 2006) DoDI 8582.01 Security of Unclassified DoD Information on Non-DoD Information Systems (June 12, 2012) Proposed DFAR 252.204-7000 Safeguarding Unclassified Information Rule (June 29, 2011) NIST Special Publications: 800-53 Recommended Security Controls for Federal Information Systems and Organizations 800-88 Guidelines for Media Sanitization

Recordkeeping Regulatory requirement vs Institutional Policy: Whichever is longer Must be secure storage Coordinate with records management Electronic vs paper? ITAR Library

Foreign Person Participation Must comply with license provisos or terms of license exception/exemption Best practices: Make license part of TCP Train all participants (including foreign person) on proviso terms Disclosure of foreign travel

Inspections Kickoff: Lab or facility inspections are often needed to draft a TCP. Post-award monitoring: Lab or facility may be inspected as Post Approval Monitoring (PAM) or as part of annual reviews In person vs. via email certification by PI Closeout: Lab or facility may be inspected as part of project closeout to ensure proper removal or destruction of materials

Personnel Screening Restricted Persons Screening (RPS) of all personnel with access to controlled items Includes graduate students, undergraduate students, technicians, and IT managers Screen individuals and companies Many companies offer RPS screening software Dynamic screen State license

Training and Education Train all project personnel with access to export controlled items, software or technical data on TCP procedures Train all personnel on reporting requirements and possible penalties for noncompliance Frequency and type of training may vary: Initial Training vs Refresher In person vs. Online Lab specific vs. Mixed groups Overview (FRE) vs. Specific (EC)

Accountability: Violations & Penalties Failure to comply with U.S. export control laws can result in severe penalties, both for the individual and institution: Criminal Penalties Fines: $1,000,000 per violation and imprisonment of up to 10 years. Civil Fines: $250,000 per violation, or twice the monetary amount of the underlying transaction, which ever is greater If ITAR=$500,000 per violation Debarment Negative Publicity 1. ITAR, EAR and OFAC all impose criminal and civil penalties, although the ranges of the penalties vary.

Accountability Who is responsible for export compliance under TCP? Best Department/PI sign Business manager or IT person for department All persons under the TCP having access to controlled items are required: To take restricted research training sign TCP acknowledgement/ NDA Who pays for an export investigation?

Violations and Investigations

Violations and Investigations Put procedures in place before a violation occurs Specify roles and responsibilities: Legal counsel (inside/outside) Attorney client privilege vs. work product Empowered official(s) Senior management IT support team Faculty, Staff, Students, others involved Other company or institution involved?

Violations and Investigations Investigative team Two-person rule Other company or Institution involved? Heads up and joint VSD FOIA issues (state institutions) FERPA issues (students) Available guidance: SIA Voluntary Disclosure Handbook (May 2010)

Student and Publication Issues Issues with student involvement with export controlled items & restricted research: Student record privacy issues FERPA FOIA Risk to student graduation (thesis/dissertation restrictions) Student disciplinary procedures