EXPORT CONTROL |
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What is Export Control? The federal definition of export controls is U.S. federal government laws and regulations that require federal agency approval before the export of controlled items, commodities, technology, software or information to restricted foreign countries, persons and entities (including universities). The European Union and governments around the world are collectively pursuing the implementation of export controls in defense against the proliferation of WMD and their precursors. The European Union outlines its position and provides useful information in the pages below. Countries with English language web sites dedicated to export control and nonproliferation are also listed. The Department of Commerce’s Bureau of Industry and Security (BIS) is responsible for implementing and enforcing the Export Administration Regulations (EAR), which regulate the export and re-export of most commercial items. We often refer to the items that BIS regulates as “dual-use” – items that have both commercial and military or proliferation applications – but purely commercial items without an obvious military use are also subject to the EAR. What is a deemed export? The federal definition of a deemed export is an export of technology or source code (except encryption source code) that is "deemed" to take place when it is released to a foreign national within the U.S. A "deemed" export situation can occur by access/use in research or training, visual inspection, or an oral exchange of information. In a university situation, a deemed export might occur when an investigator requires a foreign national to have access to or use of a controlled laser. A determination must be made to identify whether or not an export license is needed prior to that individual accessing or using the laser. What is ITAR & EAR? The International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR) are two important United States export control laws that affect the manufacturing, sales and distribution of technology. The legislation seeks to control access to specific types of technology and the associated data. Its goal is to prevent the disclosure or transfer of sensitive information to a foreign national. |
What is Re-Export? The federal definition of a re-export is the shipment or transmission of an item subject to regulation from one foreign country (i.e., a country other than the U.S.) to another foreign country. Shipment or transmission may occur in any of the following ways: · Phone · Lab tours · Meetings · Computer data A re-export also occurs when there is a “release” of technology or software (source code) subject to regulation in one foreign country to a national of another foreign country. In a university situation, a re-export might occur when an investigator is approved via an award to deliver a paper at conferences in two different countries. The investigator will carry a laptop with his or her presentation materials. A determination must be made to identify whether an export license is necessary before the travel takes place. The Commerce Control List Category 0 - Nuclear Materials, Facilities & Equipment (and Miscellaneous Items) Category 1 - Materials, Chemicals, Microorganisms, and Toxins Category 2 - Materials Processing Category 3 - Electronics Category 4 - Computers Category 5 (Part 1) - Telecommunications Category 5 (Part 2) - Information Security Category 6 - Sensors and Lasers Category 7 - Navigation and Avionics Category 8 - Marine Category 9 - Propulsion Systems, Space Vehicles and Related Equipment Military Category ML1 to ML22 |
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