EXPORT CONTROLS Export Controls are established to implement treaties and national security laws, generally protect national security and to combat terrorism
WHAT ARE EXPORT CONTROLS? • U. S. export controls restrict the transfer of goods and technology to outside the U. S. when there are potential National Security or Trade Protection Concerns
WHAT IS AN EXPORT? • Sending or taking a defense article or restricted technologies out of the U. S in any manner • Disclosure or transfer of any defense article or selected technologies to any foreign government in the U. S • Disclosure or transfer of covered technical data to a foreign person here or abroad • Performing a defense service for the benefit of a foreign person here or abroad
EXPORT CONTROL REGULATIONS • The regulations provide: • Limitations on exports to foreign countries • Limitations on foreign use and access to restricted technologies in the U. S • Covers goods, technology and information • Excludes patents, artistic or nontechnical publications • Excludes technology in the public domain
HOW DOES THIS IMPACT UNIVERSITIES? • For the most part University research and scholarship is considered “fundamental research” and as such is not impacted by export controls for teaching and research. • The export of commodities are not covered by the fundamental research exemption • Since the penalties for noncompliance are severe, it is important to recognize important clues to the potential for export control issues and take appropriate actions
FUNDAMENTAL RESEARCH EXCEPTION • Fundamental research is basic or applied research in science and engineering at an accredited institution of higher learning in the U. S. where the resulting information is ordinarily published and shared broadly in the scientific community. • This exception is void if the university: ü accepts any restrictions on the publication of information ü gives a sponsor the right to approve publications ü limits access of foreign nationals ü applies these limitations to any sponsor
DETERMINE IF EXPORT CONTROL COULD BE AN ISSUE? • Is your research funded directly or indirectly by a defense related entity? • Is your research in a high technology area with a potential dual use where the alternative use could be defense related? • Is your research on a restricted technology list? • Does your research agreement have language that restricts in any way the distribution of the results or who may participate? • Are you collaborating with researchers from outside the U. S. ? • Does the research require the transfer of goods outside the U. S. ?
PENALTIES FOR EXPORT CONTROL VIOLATIONS • There are both criminal and civil penalties • The penalties can be applied to the individual as well as Binghamton University • Penalties can be up to one million dollars per violation • A University of Tennessee faculty member was sentenced to a four year prison term for illegally exporting military technology, in large part due to his work with graduate students from Iran and China • The federal government can apply sanctions to the entire university including loss of all federal funding
EXPORT CONTROL REGULATIONS Export Control Regulations are complicated by the fact that three different federal agencies are responsible for different aspects of export.
FEDERAL EXPORT CONTROL AGENCIES • Department of Commerce: Export Administration Regulations (EAR)—trade protection • Department of State: International Traffic in Arms (ITAR)—national security • Department of Treasury: Office of Foreign Assets Control (OFAC)—embargoes and sanctions
EXPORT ADMINISTRATION REGULATIONS (EAR) • Regulates the export of restricted commercial items and items that may be seen as “dual use” because while they may be intended for civilian use they any have military applications. • If your research results in improvements in science and technology, is not yet published, and is not available internationally these regulations may restrict your ability to export your work. • Restricted items are identified on a Commerce Control List (CCL) The list is over 175 pages and contains technically complex descriptions. • Deemed exports are exports of technology that may take place here in the U. S. if that technology is released to a foreign national: • By visual inspection • By transmission orally, by e-mail or by publication
INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR) • ITAR controls the export of defense articles covered by a U. S. Munitions List (UML) which sets out relatively broad categories of items that are of military importance. • ITAR has important considerations when dealing with research and the export of technology and other valuable commodities. • You may believe that your research has no military applications but through an evaluation military applications may apply that you may not have considered. • Items such as GPS, sensors, software and electronics may easily be determined to be “dual use”.
OFFICE OF FOREIGN ASSESTS CONTROL (OFAC) • Administers the Policies of the United States to enforce economic and trade sanctions • Transferring anything to the countries identified for sanction is illegal • Traveling to identified countries may be illegal without a license to do so. • It is important that anyone considering traveling to identified countries seek appropriate approvals well in advance of any planned travel. • Approval can take a long time.
WHAT SHOULD YOU DO ABOUT EXPORT CONTROLS • Don’t assume you are OK • Contact the Assistant Vice President for Research Compliance or the Assistant Vice President for Sponsored Programs • We can provide advice, do an analysis for you or if needed assist in requesting a license to export the technology legally.
CONTACTS Nancy Lewis Assistant Vice President for Research Compliance lephone 777 -3532 e-mail nlewis@binghamton. edu Lisa Gilroy Assistant Vice President for Sponsored Programs elephone 777 -6136 e-mail lgilroy@binghamton. edu