Export control laws are federal regulations that control the conditions under which certain information, technologies, and commodities can be transmitted overseas to anyone, including u. The export laws apply broadly to americans, wherever located, as well as to goods that contain a certain amount of american content or were made using certain american technology. You the customer acknowledge that the export of goods and technology herein maybe subject to the export control regulations of the united states, united kingdom or germany, as amended and agree as a condition and issuance of any subsequent order or contract hereto, that the goods and technology will not be used for purposes associated with. Individual cases should be addressed with mit export control early and often. Department of commerce export administration act reference g and export. Export control laws export license the authorization by an export agency authority to proceed with a regulated activity e.
These export controlsrequirements that organizations selling or sending technologies with potential military applications abroad obtain a license from the commerce. These export controls requirements that organizations selling or sending technologies with potential military applications abroad obtain a license from the commerce. Encryption and export administration regulations ear bis. The export administration regulations ear are issued by the united states department of commerce, bureau of industry and security bis under laws relating to the control of certain exports, reexports, transshipments and other activities. Two sets of export control regulations are most frequently encountered in the context of university research, teaching, and international travel. You will need an export licence before you can export controlled military goods. Export control policies and explanations export controls present unique challenges to universities and colleges because they require balancing concerns about us economic vitality and national security with traditional concepts of academic freedom and dissemination of research results. Summary of export control laws research compliance.
Export controls are us export control laws and regulations that restrict the export of certain technology or technical data, commodities, or software exportcontrolled items to a foreign country or to a foreign national, whether that foreign national is inside or outside the us. Lists of export controlled items, information and software. Sharing controlled items and information with a foreign national as well as shipping controlled items to a foreign destination may require export licensing. Iowa state university is committed to complying with export control laws and has directed the office of research integrity to oversee and administrate isus export control program. Introduction to export control compliance selfguided training. The item appears on the commerce control list including items, software, or information and is subject to the export licensing authority of the bureau of industry and security under the export administration regulations. The export controls software from aeb keeps you in compliance with all export regulations worldwide, using smart automation to optimize and secure your. Items, information and software subject to us export control laws and used in a university environment are generally categorized on the following two lists. Export controls on transferring technology, commodities. How do the export control regulations affect people in nonscientific areas.
These actions include the visual inspection by foreign nationals. Nov 29, 20 us software vendorslicensors typically seek to incorporate an export control clause into their software licence agreements. Reviewed proposals, contracts, and grants at the uh office of research services from 2007 to 20. Shipment of a controlled commodity, equipment, material, or software outside. The export laws apply broadly to americans, wherever. Export control regulations are federal laws that prohibit the unlicensed export of certain commodities or information for reasons of national security or protections of trade. Most exports do not require specific approval from the federal government. Encryption and export administration regulations ear. For export control purposes, software is defined as a collection of one or more programs or microprograms fixed in any. In addition, export control laws and regulations restrict or prohibit the transaction of business with certain countries, persons, and entities that have been sanctioned by federal agencies as a threat to important u. Encrypted software is software that is scrambled to protect its confidentiality. Primary responsibility for compliance with export regulations falls on the principal investigator. See the lists of export controlled or embargoed countries for guidance about where certain shipments may be sent. Federal office for economic affairs and export control bafa.
The nature of the export has actual or potential military applications or economic protection issues. The export administration regulations ear or export regulations, 15 c. The best practice network guidelines the best practice network. International collaborations and export controls policy usc. Export compliance is the process of evaluating the impact of various u. Export control regulations ofac, bis, ddtc, and more. Export control regulations are federal laws that prohibit the unlicensed shipment or transfer of controlled items, software, technology, services or information out of the u. I to the ec dualuse regulations and definition of terms to the export list. There are both administrative and criminal penalties for violations of us export control laws, including denial of export privileges. Overview of types of export controlled item and their listings, including the us munitions list usml, the commerce control list ccl and controlled pathogentoxin and chemical lists. Faqs export controls compliance office of research. Frequently asked questions about export control compliance.
Such export control clauses seek to have licensees contractually agree that us and any other relevant export control laws apply to the licensee, and that the licensee will not reexport the. It is not intended to be your sole resource for export control expertise export control compliance is often complicated and requires the judgment of the export control officer eco. The united states export control regulations are the most stringent and. For more information on export controls at isu, see the export controls policy and the export control compliance plan.
The ear uses, but does not define, foreign national. Intercompany transmission of software and technology. Munitions and dualuse itemsitems, information, and software subject to us export control laws and used in a university environment are generally categorized on the following two lists. Mit has several export licenses that may cover your needs. Census bureau while not a formal export control agency, the census bureaus foreign trade division is responsible for maintaining and implementing the foreign trade regulations 15 cfr part 30 that govern the preparation and submission of electronic export information eei submitted prior to most exports from the united states. Export controls usually arise for one or more of the following reasons.
In general, an export occurs when there is any transfer to any nonu. If you are traveling internationally, additional information is needed in order to help ensure the university is in compliance with current u. Sep 01, 2016 what constitutes an export of software technology. The export control classification number, or eccn, is the. Summary of export control laws rice university faculty, staff, and students engage in activities that may involve the export of certain items, products or goods, technology, and software to foreign countries and, consequently, may be subject to u.
Frequently asked questions about export control compliance ucop. Carve outs where items specially designed for certain legitimate purposes e. What happens if we violate the export control laws. The nda needs to include a provision that focuses on export compliance obligations by specifying that no party will export their technology under the nda, nor will they take any other action that is in violation of the export controls rules and regulations. Export control clauses in software agreements lexology. Export control compliance questions rensselaer polytechnic. Export control definitions export control illinois state. Export controls on the operations of any business or individual activity to facilitate compliance with any legal obligations arising under such laws or regulations. Export controls laws and regulations research michigan. Refer to the export controls policy and decision tree for information specific to your research. What kinds of projects raise export control questions. Fundamental research is research in science, engineering, or mathematics, the.
This guide has been developed to assist ict industry, software developers, academics and researchers to improve their understanding of how australias export control laws apply to the export, supply, publication or brokering of proliferationsensitive information and communication software and technology. Control ofac administer the export control laws and trade sanctions. Worked in the technology industry, doing export and import regulation compliance from 1996 to 2007. Visit the export control teams webpage for other export control articles and alerts, as well as updates on u. Export controls are federal laws that regulate the export of sensitive technologies, equipment, software, biological agents and related data and services. The following activities may be subject to export control regulations, and can occur at any time during your research. Export controls for software companies what you need to know. Htri software and technology htri products are subject to u. The trade control legislation imposes different restrictions to different. Apr 10, 2014 meanwhile, the us and other countries have export control regimes to prevent the export, reexport or deemed export of sensitive dual use technology, data or services and other items to certain destinations or individuals for foreign policy reasons, such as national security, sanctions or boycott. Such export control clauses seek to have licensees contractually. Diversion of kemp products and technology contrary to u. No reexport or deemed export controls in the us sense.
The united states successfully negotiated researchuse exceptions to export controls on surveillance tools at the december 2017 meeting of the wassenaar arrangement, a club of advanced economies that coordinates export controls. While most companies understand that a crossborder shipment of computers or hard drives constitutes an export, the export control laws also apply to exports of encryption and other software technology items that may not be recognized by companies not experienced in dealing with export controls. Encryption, open source and export control thoughtworks. If you plan on exporting software, beware of the labyrinth of compliance and security rules youll have to follow continue reading. Export control regulations and research office of research.
Make sure youre in compliance with these regulations. Before arranging for items to be shipped or conveyed electronically or otherwise outside the u. Export controls on transferring technology, commodities and. Summary of export control laws research compliance rice. Transmissions of encrypted software are stringently regulated by u. Testing services agreements and export controls external sponsors may engage nc state centers, institutes, laboratories, and service centers for testing services utilizing materials, information, software, or other technologies that are controlled under the export administration regulations ear or the international traffic in arms regulations. As a publicly funded university, michigan state university is committed to the widest possible dissemination of scientific endeavors and research results through fundamental research as outlined in nsdd 189. Export control basics university of california, san diego. Test our virtual loadmaster vlmmax, delivering uncapped application throughput. In addition, the secretary of state may assess civil penalties. The release of software may require an export control license from the u.
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