Export Controls General Overview n International Traffic in

Export Controls: General Overview n International Traffic in Arms Regulations n n State Department Office of Defense Trade Control n Export Administration Regulations n Military Application n Commerce Department Bureau of Export Administration Commercial Application 2

Export Controls: ITAR – License Needed? Review for Military Subject Matter and/or Military Application 3

Export Controls: What is an export? n Any shipment, transfer or transmission by any means of any: n n n Commodity (equipment, hardware or material) Technology (technical data or assistance) Software 4

Export Controls: No License Required n Public Domain- information that is in the public domain is not subject to export control. Includes information which is published and generally accessible to the public. n Ex. - Information that concerns general scientific, mathematical or engineering principles commonly taught in Universities. 5

Export Controls: Types of Approvals n Technical Assistance Agreement (TAA) n Provision of training or services involving multiple interchange n n n License DSP-5 Unclassified DSP - 85 Classified n One time n Required language n Permanent export n Submitted unsigned n Valid up to 4 years 6

Export Controls: Export Administration Regulations n n Commercial nonmilitary sales to foreign corporation or foreign government. Ten General Prohibitions Commerce Control List (CCL) Denied Persons List 7

Export Controls: Not Subject to EAR n n n Public Domain Controlled by other laws EAR 99 8

Export Controls: Public Domain n Publicly Available Information n Including data, technology, software which is educational, previously published, included in patent application, results of fundamental research (no restrictions on publication) 9

Export Controls: License Required n n n n Review SOW determine scope of project CCL Category ECCN Cross check Country Chart No Exceptions Encryption Controls (software) Denied Persons List or Prohibited Destination 10

Export Controls: Deemed Export n An export of technology or source code is “Deemed” to take place when released to a foreign national within the U. S. 11

Export Controls: Release n Release is making technology or software available to foreign nationals, visually or by practice or application under guidance of persons with knowledge of the technology. 12

Export Controls: When Applicable n Does not qualify under EAR 99 n No License Exception 13

Export Controls: License Required n License is required when intent is to transfer controlled technology to foreign nationals in the U. S. and a license would be required if the foreign nationals home country would require a license. 14

Export Control: Foreign National n Deemed export rule does not apply if: n n n Green Card U. S. Citizenship Political Asylum 15

Export Controls: Web Sites n www. pmdtc. org n www. bxa. fedworld. gov 16