Export Controls

dual use

The CCL have goods and services that have _____________ meaning they have civilian and military uses

defense articles and services

U.S. Munitions List enumerates the ________________ (furnishing technical assistance-includes design, engineering, etc) which are controlled

Majority

_________________ or research at UM will be covered under an exclusion to the ECL requirements

Why is there an increased concern with impact of ECL's on university research?

Advanced technologies developed at universities may be subject to ECL's, ECL's are applicable to research fields not traditionally associated with the military, university research reliance on federal funding with increased compliance requirements, and increased globalization of univ. research

EAR

Commerce Control List

Office of Foreign Assets Control

Country specific sanctions and regulations

Key Issues for Universities

Deemed exports, equipment use, troublesome clauses/contract restrictions, shipping/material transfer, travel, and payment vendors

Federal Agencies with oversight of ECL

Department of State, Department of Commerce, and Department of the Treasury

Department of Commerce

EAR- technologies with "dual uses" but primarily commercial

inherently military in character

ITAR is based primarily on whether an article or service is deemed to ______________________.

Directorate of Defense Trade Controls

ITAR licensing is handled by who?

Educated exclusion

ITAR- no export control associated with info which is general scientific, mathematical, or engineering principles commonly taught int EAR- no need for a license to share information as part of a regular course taught at UM

Department of State

ITAR- technologies with inherently military properties

How do these laws impact our research?

If it involves controlled technologies, we may be required to get government approval before allowing certain foreign researchers and students in the US of foreign persons outside the US from participating in research, sharing research results, providing training and other services, and sending equipment or software

trump

In certain cases, OFAC regulations ______ other government agencies such as the BIS (ex.- shipping items to Iran)

Various regulations governing export control laws

International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), and Office of Foreign Assets Control

India, Japan, Vietnam, Saudi Arabia, and Nepal

International foreign persons or students are from what countries?

Bureau of Industry and Security

Licensing of the EAR is handled by who?

Specially Designated Nationals and Blocked Person's List"

OFAC has what kind of list?

Department of the Treasury

OFAC- prohibits transactions of value with certain countries and individuals

Patriot Act

Post 9/11 (2001)

value

Prohibits payments or providing _________ to nationals of sanctioned countries and certain entities.

inherent capabilities and design

The ____________________, not the end use, determines whether the item falls under the ITAR or the EAR

What is the importance of ECL's?

They present a challenge to the research community, they apply to all research activities, heavy fines and imprisonment will carry if failure to comply, and increased enforcement.

exclusion

UM may not export to foreign persons certain materials and info without a license from the US government unless an ____________ applies

ITAR

United State Munitions List

1775

What year did continental congress outlaw exportation of goods to Great Britian

foreign person

any foreign government, foreign cooperation or group that is not currently incorporated in the US or organized to do business in the US, anyone who is not a lawful permanent resident of the US

Commerce Control List

contains commodities, technology, and software subject to the EAR; identified by an Export Classification Control Number

Trading With the Enemy Act

cut off trade with North Korea and China (1917)

export

includes an oral or written disclosure of information, visual inspection, or actual shipment outside the U.S. of technology, software/code or equipment to a foreign person

Department of Treasury Office of Foreign Assets Control

economic sanctions focus on end-user or country and may limit transfer of technologies and assistance to OFAC's list of sanctioned countries

President's Enhanced Economic Powers Act

emphasis on end use and end user (1991)

Public Domain Exclusions

export controls do not apply to information and research results already published and publicly available from libraries, trade shows, public websites, etc.

US Munitions List

firearms, guns, ammunition, explosives, launch vehicles, aircraft, military electronics, nuclear weapons

International Emergency Economic Powers Act

implement embargoes (1977)

export control laws

laws which prohibit the unlicensed export of certain controlled technologies to foreign persons for reasons of national security and trade protection

Employment Exclusion

license is not needed to share info subject to ECLS if the foreign national is/has a full time employee, not a national of certain countries, or a permanent address in the US while employed at UM

Basic Regulations of EAR

materials, chemicals, toxins, sensors, lasers, navigation, telecommunications, materials processing

Goals of export control laws

prevent terrorism, curtail export of technologies that assist the military potential of adversaries, compliance with trade agreements, and to prevent development of nuclear, chemical, and biological weapons

Export Control Act (1949)

protect domestic economy from postwar scarcity