Export Compliance Laws JPL has required annual Export

Export Compliance Laws • JPL has required annual Export Compliance Training for all employees • Main legal regulations on which training is based • International Traffic in Arms Regulations (ITAR) - controls technical data and know-how • Export Administration Regulations (EAR) - controls commercial or dual-use items (Covers mainly computing/software technology- requires license or exemption) 1 - RAP-11/17/08

ITAR Regulations • ITAR rules • Involve both international collaboration and foreign employees • Include items that could have military use (not all items require a license) • Cover export of hardware, release of technical data, and transfer of technical assistance to a foreign person • Include oral, written, electronic or visual communication • Fundamental research and information in the public domain is not subject to ITAR • Providing specific references to, or interpretation of, information in the public domain is considered technical assistance • Foreign person definition • Does not include green card holder or any business entity or group incorporated in U. S. • Does include foreign business entities and groups not incorporated in U. S. , foreign governments, or anyone representing a foreign entity 2 - RAP-11/17/08

Export Laws - Bottom Line • ITAR/EAR regulations are a pain, but manageable • Do cause increase to project costs and bureaucracy • Transfer of technical items, data, or assistance requires approved “export authority” • Most major JPL projects involve foreign collaboration • Many foreign nationals work at JPL • Although JPL and industry pay closer attention to the rules, universities are not exempt • Professors and students have been prosecuted • Stay tuned - regulations may change • Industry lobbying Congress • Recent government study concludes regulations have adverse affect on U. S. security 3 - RAP-11/17/08

Draft Prep. SKA IP Principles - from Peter Dewdney • Key subsystems • SKA project must have unrestricted access to IP, especially components that do not have a variety of commercial substitutes • Need detailed understanding of their performance and cost, and design tradeoffs - only possible if SKA owns design(s), including copyright of drawings and documents • Key production technology • The same principle as above could apply • Otherwise need adjustments to project’s risk register and cost contingencies • R&D and/or design contracts • SKA project should have unfettered access to foreground IP produced • If necessary for construction, should attempt to acquire rights to background IP • Access to IP will enable “build-to-print” contracts • Allow predictability, fixed price contracts, and procurement flexibility • SPDO or successor will have to be legal entity to let contracts or own IP 4 - RAP-11/17/08