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