Export Controls Review. Presented to JHU Schools of Medicine, Nursing, and Public Health By Jahna Hartwig, JHUAPL Associate General Counsel July 26, 2007. Agenda. Export Definitions US Export Laws OFAC Sanctions Programs ITAR EAR Licensing Requirements Jurisdiction
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Presented to JHU Schools
of Medicine, Nursing, and Public Health
Jahna Hartwig, JHUAPL Associate General Counsel
July 26, 2007
(Note: Commerce regulations have special “deemed export” rules.)
“Foreign Person” means:
Interactions with foreign persons in the US can be exports. For example,
Foreign travel can include exports. Examples include:
Public release is, by definition, an export, because all members of the public, including foreign persons in the US and abroad, have access to the information. Examples of public release include:
(Note: Different rules for public release in Commerce and State regs.)
OFAC controls interactions with sanctioned parties.
technical data, and
Neither the ITAR nor the EAR control
public domain information,
fundamental research, and
basic marketing information.
If an item is does not fall into one of these categories, it is subject to the ITAR or EAR (or, in some cases, more specialized regulatory regimes such as DOE or FDA regulations).ITAR, USMIL and EAR
The ITAR Categories contain subcategories describing the controlled articles.
Each category has a subcategory for:
“Technical Data” is:
"Technical data" does not include:
The EAR regulate exports of most commercial items.
0. Nuclear Materials, Facilities, and Equipment (and Miscellaneous Items)
1. Materials, Chemicals, Microorganisms, Toxins
2. Materials Processing
5. Telecommunications & Information Security
6. Sensors and Lasers
7. Navigation and Avionics
9. Propulsion Systems, Space Vehicles, and Related Equipment
The five subcategories (product groups) in each CCL category are:
The ten categories of items on the CCL are:
A. Systems, Equipment and Components
B. Test, Inspection and Production Equipment
To determine licensing requirements, you must first determine which regime applies (“jurisdiction”) and into which category the item fits (“classification”).
ITAR licensing requirements are much more stringent than the requirements under the EAR.
Public Domain information is not subject to export controls.
The ITAR defines “public domain” as information which is published and which is generally accessible or available to the public:
“Fundamental research” is “public domain” information that is not subject to export controls.
Jahna Hartwig, Associate General Counsel
JHU Applied Physics Laboratory