Compliance With U.S. Export Control Laws and Regulations

1. Compliance With U.S. Export Control Laws and Regulations

2. What is An Export? The transfer of anything to a �FOREIGN PERSON� or a foreign destination by any means, anywhere, anytime. Therefore, it�s all of the following and more: Placing information on the Worldwide Web, making data available via ftp sites Placing information in the Public Domain Verbal discussions w/foreign nationals or presentations to groups that include foreign nationals Hand-carrying items outside the U.S. Traditional �Shipments� abroad of items via Center transportation offices Mailing, faxing, e-mailing items abroad � or to foreign nationals within the U.S. etc., etc.

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4. Main Reasons Certain Exports are �Controlled� by U.S. Law National Security (NS) Foreign Policy (FP) Proliferation (MT, NP, CB) Missile Technology � MT Nuclear Proliferation � NP Chemical/Biological - CB MORE BASICS. The US controls exports for National Security National security - the condition of the nation, in terms of threats, especially threats from outside. One of the major jobs of the federal government is to ensure the security of the nation. � Foreign Policy Proliferation (Missile, Nuclear, Chem Bio) As you can imagine there is a very wide view in the Congress regarding NS, hard to change the regulations and the laws.MORE BASICS. The US controls exports for National Security National security - the condition of the nation, in terms of threats, especially threats from outside. One of the major jobs of the federal government is to ensure the security of the nation. � Foreign Policy Proliferation (Missile, Nuclear, Chem Bio) As you can imagine there is a very wide view in the Congress regarding NS, hard to change the regulations and the laws.

5. Here�s a good reason to care:Export Control Violations are Federal Crimes Protect Yourselves: The Export Laws and Regulations Have Teeth and Can Bite ITAR Criminal and Civil Penalties Fine of up to $1 million per violation Imprisonment - 10 years per violation EAR Criminal and Civil Penalties Fine of $100,000+ Imprisonment for up to 10 years

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7. NASA Export Control Program NASA Policy Directive (NPD), NASA Procedures and Requirements (NPR) 2190.1 Requirements, instructions, and responsibilities for all NASA employees and NASA support contractors engaged in international cooperation Checks and safeguards at key steps in program development and implementation Applicable to NASA contractors and grantees as required in their contracts or grants Contractor is responsible for export compliance in the execution of contracted work (NFS 1825.1103-70 and 1852.225-70) Except when NASA directs or authorizes a contractor to effect exports using a NASA-obtained IVL or GBL All official NASA Policies and Procedures can be found in NODIS website. 1000 series organization and administration 2000 legal policies 4000 property 7000 program formulation.. NASA export control program created in 94/95 NPD signed by senior management NPDs are couple pages and say the policy shall be and the NPRs are lengthy procedures and requirements. 2190 indicates that it is responsibility for all NASA employees to comply with U.S. export control laws and regulations and includes that NASA support contractors engages in international cooperation There checks and safeguards. It is required that program and project managers work with NASA export officials early in program development Requirement for TTCP shown in later slideAll official NASA Policies and Procedures can be found in NODIS website. 1000 series organization and administration 2000 legal policies 4000 property 7000 program formulation.. NASA export control program created in 94/95 NPD signed by senior management NPDs are couple pages and say the policy shall be and the NPRs are lengthy procedures and requirements. 2190 indicates that it is responsibility for all NASA employees to comply with U.S. export control laws and regulations and includes that NASA support contractors engages in international cooperation There checks and safeguards. It is required that program and project managers work with NASA export officials early in program development Requirement for TTCP shown in later slide

8. NASA FAR Supplement � Relevant Clauses 1825.1103-70 Export Control 1852.225-70 & Alternate I 1852.223-75 Major Breach of Safety or Security 1852.235-73 Final Scientific and Technical Reports A few clauses that have an export regulation component or are related to export controlA few clauses that have an export regulation component or are related to export control

9. NASA FAR Supplement � Export Licenses 1852.225-70 Export Licenses Contractor shall comply with ITAR and EAR Contractor responsible for obtaining export licenses even when work performed on NASA facility Contractor responsible for recordkeeping Contractor shall ensure provisions of clause flow to subcontractors Everyone is responsible for complying with all U.S. laws and regulations and each does not need to be seperately called out in government contracts. In 2000 NASA Export Control Program worked with procurement to develop a clause that is required for all NASA contracts (a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance. (b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at [insert name of NASA installation], where the foreign person will have access to export-controlled technical data or software. (c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions. (d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.Everyone is responsible for complying with all U.S. laws and regulations and each does not need to be seperately called out in government contracts. In 2000 NASA Export Control Program worked with procurement to develop a clause that is required for all NASA contracts (a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance. (b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at [insert name of NASA installation], where the foreign person will have access to export-controlled technical data or software. (c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions. (d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

10. NASA FAR Supplement � Use of Exemption Alternate 1 to 1852.225-70 (paragraph (e) Request authorization to export pursuant to 22 CFR 125.4(b)(3) NASA Contracting Officer (CO) may authorize or direct use of exemption Data does not disclose details of design, development, production, or manufacture of any defense article Center Export Administrator (CEA) and program manager concurrence required ALTERNATE I (FEBRUARY 2000) As prescribed in 1825.1103-70(b), add the following paragraph (e) as Alternate I to the clause: (e) The Contractor may request, in writing, that the Contracting Officer authorize it to export ITAR-controlled technical data (including software) pursuant to the exemption at 22 CFR 125.4(b)(3). The Contracting Officer or designated representative may authorize or direct the use of the exemption where the data does not disclose details of the design, development, production, or manufacture of any defense article.ALTERNATE I (FEBRUARY 2000) As prescribed in 1825.1103-70(b), add the following paragraph (e) as Alternate I to the clause: (e) The Contractor may request, in writing, that the Contracting Officer authorize it to export ITAR-controlled technical data (including software) pursuant to the exemption at 22 CFR 125.4(b)(3). The Contracting Officer or designated representative may authorize or direct the use of the exemption where the data does not disclose details of the design, development, production, or manufacture of any defense article.

11. NASA FAR Supplement � Major Breach of Safety or Security Clause required in all contracts over $500K Requires contractors notify NASA when a illegal technology transfer occurs Directly related to the contracted work Copy NASA on Voluntary Disclosure submitted to State Department NASA Contracting Officer to receive report ALTERNATE I (FEBRUARY 2000) As prescribed in 1825.1103-70(b), add the following paragraph (e) as Alternate I to the clause: (e) The Contractor may request, in writing, that the Contracting Officer authorize it to export ITAR-controlled technical data (including software) pursuant to the exemption at 22 CFR 125.4(b)(3). The Contracting Officer or designated representative may authorize or direct the use of the exemption where the data does not disclose details of the design, development, production, or manufacture of any defense article.ALTERNATE I (FEBRUARY 2000) As prescribed in 1825.1103-70(b), add the following paragraph (e) as Alternate I to the clause: (e) The Contractor may request, in writing, that the Contracting Officer authorize it to export ITAR-controlled technical data (including software) pursuant to the exemption at 22 CFR 125.4(b)(3). The Contracting Officer or designated representative may authorize or direct the use of the exemption where the data does not disclose details of the design, development, production, or manufacture of any defense article.

12. NASA FAR Supplement � Rights in Data Clause 1852.235-73 Restricts release of final report Until Document Availability Authorization (DAA) for Scientific and Technical Reports completed (NASA Form 1676) To ensure deliverable is disseminated consistent with U.S. law 2 alternates for specific situations Alternate 1 for fundamental research Alternate II used when prior review of data required