Export Controls: What are they? W hy do they concern us? Laura Langton, PhD Export Control Manager [email protected] 314-747-1378. What is an E xport?. “Release” of T angible items e.g. equipment Technology Software S ource code T echnical data or information
………to a foreign country or to a foreign person in the U.S. (“deemed export”).
“Release” can occur through
Depending on the specific technologies and countries involved, a license may be needed.
U.S. laws that regulate the release of strategically important technology, services and information to foreign countries and foreign nationals.
15 CFR 730-773
Military, Space, Satellite
22 CFR 120 -130
Department of the Treasury
Office of Foreign Assets Control (OFAC)Who Administers Export Controls?
Department of State
International Traffic in Arms Regulations
(ITAR) Directorate of Defense Trade Controls
Department of Commerce
Export Administration Regulations (EAR)
Bureau of Industry and Security
Commerce Control List – Dual Use Item Categories (EAR)
Examples – trigger spark gaps, laminar flow hoods
U.S. Munitions List (ITAR) – Military Use Items
"Basic or applied research in science and engineering at an accredited institution of higher learning, the results of which ordinarily are published and shared broadly within the scientific community, as distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary or national security reasons."NSDD-189
The Fundamental Research Exclusion is Not Available When….
Six criteria for “Use” (for equipment):
Activities which involve the following “red flags” may be subject to export controls:
Several agencies maintain lists of restricted entities and individuals.
“Restricted Party Screening” (RPS) is the comparison of person/entity names against these lists.
RPS should be conducted on
Contact the Export Control Manager ([email protected]) for RPS assistance.