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SI’S EXPORT COMPLIANCE PROGRAM. Export Compliance Officer (ECO) P osition was created in 2013 ECO is located at SAO, Cambridge, MA Responsible for both SAO and SI export compliance issues Located in Sponsored Programs and Procurement Department.

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SI’S EXPORT COMPLIANCE PROGRAM


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    si s export compliance program
    SI’S EXPORT COMPLIANCE PROGRAM
    • Export Compliance Officer (ECO)
      • Position was created in 2013
      • ECO is located at SAO, Cambridge, MA
      • Responsible for both SAO and SI export compliance issues
      • Located in Sponsored Programs and Procurement Department
    slide2
    Agencies That Regulate Controlled Items, Software or Data, Cultural Exchanges and Financial Transactions
    • Directorate of Defense Trade Controls, US Dept. of State
    • Bureau of Industry and Security, US Dept. of Commerce
    • Office of Foreign Assets Controls
    • Bureau of Census
    agency that regulates defense items software or data
    Agency That Regulates Defense Items, Software or Data
    • US Dept. of State, Directorate of Defense Trade Controls
      • Regulates defense articles, subassemblies, parts and technology, including spacecraft systems and associated equipment, electronics, including certain focal plane detectors, chemical and biological agents and equipment.
    • SI Actions:
      • Obtain licenses for exports of controlled equipment
      • Obtain license or restrict collaboration with foreign sponsors or affiliates for ITAR-controlled programs
      • Ensure conference topics and venue qualify as fundamental research
      • Secure labs, computer networks, and mobile devices if working on export-controlled projects
      • Screen all (?) SI-affiliated persons and visitors against Denial Lists
    agencies that regulate commercial items software or data
    Agencies That Regulate Commercial Items, Software or Data,
    • Bureau of Industry and Security, US Dept. of Commerce

    regulates “dual use” commercial items, production equipment, software and technology. These are items that have a strategic purpose with respect to national security, foreign policy, missile technology, proliferation, regional stability and crime control

    • SI Actions
      • screen awards with international sponsors, collaborators, foreign travel, purchase of equipment for controlled items on Commerce Control List
      • Obtain export licenses for equipment and deemed exports (EAR NDA may be available)
      • Screen against denial lists and for boycott of Israel
      • Ensure we comply with missile technology restrictions
      • Comply with country sanctions for equipment exports
      • Ensure conference topics and venue qualify as fundamental research
      • Maintain audit trail for five years
    agencies that regulate cultural exchanges and financial transactions
    Agencies That Regulate Cultural Exchanges and Financial Transactions
    • Office of Foreign Assets Controls
      • licenses all exchanges and financial transactions with sanctioned countries
    • SI Actions
      • identify any projects with sanctioned countries: Cuba, Iran, North Korea, Sudan, Syria and determine if we can participate and, if yes, whether an export license is required
      • Screen all sponsors against Specially Designated Nationals List (include blocked persons from other countries such as Columbia, Mexico, Yemen, among others.)
      • Comply with financial sanctions relating to these countries
    agency that regulates all tangible exports
    Agency That RegulatesAll Tangible Exports
    • US Dept. of Commerce, Census Bureau
    • Reports export clearance and trade statistics
      • SI Actions
        • Ensure Registrars are trained in Foreign Trade Regulations
      • Review freight forwarder records and Fed Ex accounts to ensure proper Electronic Export Information (EEI) filing in Automated Export System
      • Ensure a record is maintained for five years
      • Verify information on EEI filing is correct
    export license decisions
    Export License Decisions
    • 1. What is it? And does it need a license?
      • If so, from DDTC or BIS?
        • Is the item on a list for control? (US Munitions List of Commerce Control List)
        • Other regulatory concerns - Is it hazardous (X-ray, lithium batteries, solvents, magnetic), regulated for medical (FDA) or other reasons?
    • 2. Is the value of the export over $2500 or is the item subject to an export license?
    • The export needs to be filed in the Bureau of Census Automated Export System. The shipping company can do it for SI but we need to get the filing number and a copy for our records. Also required for Puerto Rico and some US possessions.
    export license decisions cont d
    Export License Decisions (cont’d)
    • 3. Who is receiving it?
      • We need to check the name against the government denial lists
    • 4. Where is it going?
      • Is the item going internationally or to a US possession like Puerto Rico?
      • Make sure the country is not subject to trade restrictions (e.g., Cuba, Iran, North Korea, Sudan and Syria)
    • 5. Make sure all activities comply with the license conditions
      • Equipment, dollar value, parties involved, return, and reporting to US Government
    currently work with key personnel at sao
    Currently Work With Key Personnel at SAO
    • Directly:
    • SPP, Engineering, PIs and PMs,

    NASA Travel Coordinator, Fellowships Program

    • Support:
    • IT,Procurement,HR, Facility Managers, Accountable Property Officer, Shipping and Receiving
    units involved at si
    Units involved at SI
    • Finance and Administration, Under Secretary for Science
    • OSP, OIR, OGC, OCON, HR, CIO, Fellowships and Internships
    • Registrars, Research Centers, NASM, NZP
    • Traveling Exhibits Dept., SI Retail
    1 initial identification of export controlled projects sao
    1. Initial Identification of Export- Controlled Projects-SAO

    SPP sent email to PIs Spring 2012 asking if their contract was controlled

    Compiled list of “possible” ITAR/EAR

    Controlled programs

    (See next page for sample)

    PI responded and provided names of persons, if working on controlled programs

    1

    ECO reviews programs with non-US persons first. Screened names and nationalities

    SPP- add PeopleSoft

    flag for proposals/ awards with export control clause

    No

    Any hits?

    1

    Yes

    Do

    new awards,

    federal projects, IR&D

    have export control clause or controlled instruments?

    Yes

    Resolve hit. (Remove person if true hit.)

    End

    No

    2 classification process with pis
    2. Classification Process with PIs

    ECO - Manager of SPP

    Review new proposals and awards (grants, federal, IR&D). Add candidate programs to “Possible controlled programs list”

    ECO contacts PI

    to meet with Classification Team. ECO provides PI/PM “Controlled Items” List

    PIs reviews list of “Controlled Items”

    from US Munitions List, (US ML) & Commerce Control List (CCL)

    1

    No

    PI meets with Classification Team to discuss US ML and CCL to classify

    Is program

    ITAR or EAR

    Controlled?

    ECO - Remove from “Possible Controlled programs” list

    1

    Yes

    2

    ECO Work on TCP issues: lab space, approve persons working on program, IT privileges. Apply for export license, if necessary

    ECO - Flag as ITAR or EAR in attributes in PeopleSoft.

    No

    Are

    there other similar projects or using

    same eqt?

    2

    End

    Yes

    Complete program classification form and TCP report

    1

    3 export of controlled items
    3. Export of (controlled) Items

    ECO provide export checklist to gather

    details

    ECO alerts Accountable Property Officer about export

    PM/PT contacts ECO

    about export

    1

    ECO- Ensure license, screen against. Denied Persons. Complete invoice and Shipper’s Letter of Instruction per EAR/ITAR.

    ECO

    Work with freight forwarder to lodge license.

    Accountable Property Officer assists with shipment

    Export

    Controlled?

    Yes

    2

    1

    No

    ECO

    Makes sure filing is correct per Foreign Trade Regs, file for 5 years.

    Yes

    Accountable Property Officer - file export docs for 5 years. End

    Export clearance

    filing?

    2

    No

    4 approval of conferences
    4. Approval of Conferences*

    ECO reviews abstract, country, if program is controlled, if open conference, export control clause

    Foreign Travel Coordinator or traveler copies ECO on travel request

    ECO sends abstract to conference approval team

    1

    Request traveler to contact sponsor for any limitations on topic or approval.

    Yes

    ECO receives answer

    Does sponsor

    need to approve?

    2

    1

    No

    ECO - Advises traveler not to discuss ITAR controlled topics in detail. Reminder of mobile device policy.

    Traveler signs form.

    ECO - Advise Foreign Travel Coord. that conference is approved File form for 5 years

    Traveler receives approval or limitations. forwards sponsor’s response to ECO -

    2

    * This is the current process and will be modified in the future

    our export compliance goals
    Our Export Compliance Goals
    • Goal is to prevent violations
    • Demonstrate “Due Diligence”
      • Apply for all required export authorizations and explain provisos to PIs and project personnel.
      • Ensure that proper records are created and maintained (Classification, conference approval, export license shipping documents, export clearance filings.)
      • Ensure security measures for laptops and other mobile
      • devices are followed, especially when traveling abroad