Business Operations and Strategies Seminar BOSS May 2 2013 Office of the president Scott Rayder Senior Advisor to the UCAR President How Washington Works Science Budgets Policy and Advocacy Scott Rayder Senior Adviser to the UCAR President ID: 764140
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Business Operations and Strategies Seminar (BOSS) May 2, 2013
Office of the president Scott RayderSenior Advisor to the UCAR President
How Washington Works:Science Budgets, Policy and Advocacy Scott Rayder, Senior Adviser to the UCAR President
UCAR Staff in Washington UCAR Washington Office 1201 New York Avenue NW, 4th Floor Washington, DC 20005 202 787-1633 Oldaker Group (UCAR’s legislative consultant) 818 Connecticut Avenue NW, Suite 1100 Washington, DC 20006 Joel Widder, Partner Meg Thompson, Partner Phil Bye, Associate Mike Henry Manager, Government Relations Ari Gerstman Manager, Business Development
Why a UCAR Washington office? Serves as a community presence in D.C. for the atmospheric sciences Provides downtown space for community leaders Builds relationships with policy makers; connecting policy makers to scientists Advocates for community priorities (e.g., NCAR base funding, COSMIC-2) Tracks funding and policy developments Empowers/helps scientists to engage in the policy process
Collocated with Consortium for Ocean Leadership Same liquid, different densities!
Government Relations Mission We bring science to bear on the policy and legislative issues of the day, focusing on key investment priorities critical to our nation and planet, and advocating for science-based weather, climate, and research policies. Office of the UCAR President External Relations Development and Partnerships Government Relations
UCAR FY12 Expenditures (Agencies We Track) Total: $287.9M
How Federal Dollars Flow Revenue Budget Authorizing Appropriations $
Administration’s Budget Request Process NOAA NSF NASA DOE Office of Management and Budget (OMB) The White House Office of Science and Technology Policy (OSTP) Congress
2nd Mon. in Feb: President submits budget proposalMarch–April: Congress hears stakeholder testimony Spring: Congress passes budget resolutions (House and Senate) setting overall spending levelsMay–June: House passes 12 appropriations bills in committee and then on floor June–July: Senate does the same September: House, Senate reconcile & finalize bills October 1: New fiscal year begins The Ideal Federal Budget Process
Appropriations timeline is slipping(which makes planning difficult) Each year: 12 appropriation bills (shown by diamonds above)
Final FY13 Funding Details FY13 appropriation FY12 Actual Amount change % change % change w/sequester NSF$7.4B$7.0B+$360M+5.1%–2.8%NASA$17.5B$17.8B–$280M–1.5%–9.3%NOAA$5.1B $4.9B+$206M +4.2%–3.9% DOEScience $ 4.8B $4.8B –$44M –0.9% –7.7% Total sequester = –7.81% for major science agencies in FY13
Our slice of the federal pie in FY14 Request
SCIENCE AGENCY BUDGETS INPRESIDENT’S FY14 REQUEST FY12 actual FY14 request Amount change % change NSF $7.106B $7.626B+$520M+7.3%NASAEarth Sci$1.926B$1.846B–$80M–4.2%NOAA$5.263B$5.448B +$185M+3.5% DOE Science$4.935B$5.153B +$218M +4.4%
These numbers tell you what you need to know—nondefense discretionary spending caps President’s proposal: $603B Senate proposal: $506B House proposal: $414B The House proposal is the ONLY one that aligns with current budget law! President and Senate proposals assume changes in current laws. AGENCY BUDGETS IN FY2014: THE BRUTAL REALITY
QUESTIONS? http://president.ucar.edu/government-relations
Treasury Operations Anita Monk-Ryan (on behalf of Dan Wilson)Manager, Project Accounting
UCAR H ISTORY UCAR’s roots go back to 1946. Originally organized as the High Altitude Observatory of Harvard University and the University of Colorado Name changed in 1960 to UCAR with the creation of the National Center for Atmospheric Research (NCAR) In 1960 UCAR had 14 member universities. This list has now grown to include 76 member universities, 25 Academic Affiliates, and 53 International Affiliates. Today UCAR’s organized includes two major operational units, NCAR and the UCAR Community Programs (UCP). Each unit is headed by its own director.
Integrated Science Program (ISP) Peter Backlund Member Institutions Board of Trustees Finance & Administration Katy Schmoll, VP NCAR New Director hire in process Maura Hagan, Interim Director UCAR Community Programs (UCP) Emily CoBabe Ammann, Director Computational & Information Systems Laboratory (CISL) Al Kellie NCAR Earth Systems Laboratory (NSSL) Jim Hurrell Research Applications Laboratory (RAL) Brant Foote Earth Observing Laboratory (EOL) Vanda Grubišić Cooperative Program for Operational Meteorology Education & Training (COMET) Rich Jeffries Constellation Observing System for Meteorology Ionosphere Climate (COSMIC) Bill Kuo Unidata Mohan Ramamurthy Joint Office for Science Support (JOSS) Karyn Sawyer Global Learning & Observations to Benefit the Environment (GLOBE) Tony Murphy Digital Learning Sciences (DLS) Mary Marlino Visiting Scientists Program (VSP) Meg Austin National Science Digital Library (NSDL) Kaye Howe Advanced Study Program (ASP) Chris Davis UCAR Thomas Bogdan, President High Altitude Observatory (HAO) Michael Thompson Spark UCAR Science Education Raj Pandya
University of Alabama in Huntsville University of Alaska University at Albany, State U of NY University of Arizona Arizona State University Brown University California Institute of Technology University of California, Berkeley University of California, Davis University of California, Irvine University of California, Los Angeles University of Chicago Colorado State UniversityUniversity of Colorado at Boulder Columbia UniversityUniversity of ConnecticutCornell University University of DelawareUniversity of DenverDrexel University Florida State University George Mason University Georgia Institute of TechnologyUniversity of GeorgiaHarvard University University of Hawaii University of Houston UCAR’s 78 Member Institutions (2013/ 1960 ) Howard University University of Illinois at Urbana-Champaign Iowa State University University of Iowa The Johns Hopkins University University of Maryland Massachusetts Institute of Technology McGill University Michigan State University University of Maine University of Miami University of Michigan-Ann Arbor University of Minnesota University of Missouri Naval Postgraduate School University of Nebraska Lincoln Nevada System of Higher Education University of New Hampshire New Mexico Institute of Mining and Technology New York University North Carolina State University University of North Dakota The Ohio State University University of Oklahoma Old Dominion University Oregon State University Pennsylvania State University Princeton University Purdue University University of Rhode Island Rice University Rutgers University Saint Louis University Scripps Institution of Oceanography at UCSD Stanford University University of Stony Brook - State University of New York Texas A & M University University of Texas at Austin Texas Tech University University of Toronto Utah State University University of Utah University of Virginia University of Washington Washington State University University of Wisconsin- Madison University of Wisconsin-Milwaukee Woods Hole Oceanographic Institution University of Wyoming Yale University York University
STORM Science & Technology Opportunity Risk Mitigation
Total $3.8M As of September 30, 2012 STORM Expenditures FY00-FY12
Total $2.02M As of September 30, 2012 Science Expenditures FY00-FY12
MRI Blue Gene/L Acquisition (CISL,RAL) Cost Sharing $315,000 Center for Multiscale Modeling (NCAR, MMM, CGD) Cost Sharing 278,000 Geophysical turbulence program (NCAR) New Prog . Startup 173,000 African Initiative (NCAR) New Prog. Startup 112,000 Earth Guage Prototype (RAL, UCP Cost Sharing 91,000 Low-level utility library – WACCM (NCAR) New Prog . Startup 83,000 Tropical Meterology On-line Textbook (COMET, UCP) Program Support 81,000 Development of a New Institute in DPC (UOP) New Prog . Startup 78,000 Meteo Forum (COMET, UOP) New Prog. Startup 70,000 EPA - NEETF Rainsheds (COMET) Cost Sharing 60,000 Earth Simulator – CCSM (CGD) Prof. Development 58,000 UNIDATA: Interactive Media (COMET, UOP) New Prog. Startup 53,000 Other 570,000 TOTAL $2,022,000 S CIENCE O PPORTUNITIES in STORM FY00 to FY12
STORM Balances as of 9/30/12 $3.9M
Debt Financing
UCAR’s Debt History Debt Financed Projects Amount Status 1977- Ten-year capital lease with Colorado State University Research Foundation to finance the acquisition of a Cray I supercomputer. $9M Paid in Full Series 1986 Revenue Bonds- issued to finance the acquisition of a Cray XMP/48 Supercomputer System $21.6M Refunded in 1989 Series 1988 Revenue Bonds- Proceeds were used to purchase Foothills Lab 1, 2, and 3 and refurbish it. $33.2M Refunded with 1991 Bonds Series 1989 Refunding and Revenue Bonds- issued to refund Series 1986 revenue bonds and to acquire a Cray YMP/664 Supercomputer System $25.1M Refunded in 1993 Series 1991 Refunding Bonds- issued to refinance the 1988 building bonds and to refurbish the Mesa Lab $30.1M Called with 2001 Bonds Series 1993 Refunding and Revenue Bonds- issued to refund the Series 1989 Bonds and to acquire improved physical facilities at NCAR Mesa Laboratory $16.3M Paid in Full Series 1996 Revenue Bonds A&B (taxable)- issued to purchase FL4 and General Purpose Equipment $8M & $1.4M Refunded Series B in 2001, Series A Called in 2010 Series 1999 Revenue Bonds- issued to acquire General Purpose and Special Purpose Equipment needs from FY99 to FY06 $13.8M Called with 2010 Bonds Series 2001 Refunding Bonds- Issued to refund the 1996B and the 1991 Bonds $30M Called in 2011A Series 2002 Revenue Bonds- Issued to purchase 3 Center Green Buildings $29.3M Called in 2012 Series 2003 Refunding Bonds- Issued to build Chemistry Lab $25M Partially refunded 5/12 Series 2010 Refunding and New $ for FL4 and FLA, etc $27.5M O/S Series 2011A & B Refunding and New $ for FL4 $33.5M O/S Series 2012A & B Refunding $13.5M O/S TOTAL $317.3M $84.5M O/S as of 9/30/12
Debt Balances as of 9/30/12 2003 Series $16.8M 2010 Series $24.7M 2011 Series A1, A2 and B $28.5M 2012 Series A and B $ 14.5M $84.5M
FL0 FL1 FL2 FL3 FL4 CG1 CG3 CG2 FLA
Compliance Issues Anita Monk-RyanManager, Project Accounting
Circular ComplianceOMB Circular A-110: Administration of Grants and Agreements OMB Circular A-122: Cost PrinciplesOMB Circular A-133: Audit Requirementshttp://www.whitehouse.gov/omb/circulars_index-education
OMB Circular A-110 Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations Administration of grants and agreementsPre-award requirementsPost award requirements Close out requirements
OMB Circular A-122Cost Principles for Non-Profit Organizations Principles for determining costsFactors affecting allowability of costs. To be allowable under an award, cost must meet the following general criteria: Be reasonable for the performance of the award and be allocable thereto under these principles Be consistent with policies and procedures that apply uniformly to both federally financed and other activities of the organization. Be accorded consistent treatment Be adequately documented
OMB Circular A-122 AttachmentsAttachment A Direct vs. Indirect costsAllowability and allocability of costs Determination of indirect cost rates Negotiation of rates by cognizant audit agency
OMB Circular A-122 Attachments Attachment B Selected items of cost such asAdvertisingAlcoholic Beverages Entertainment Costs Fines and Penalties Participant Support Costs Lobbying
OMB Circular A-133Audits of States, Local Governments, and Non-Profits Organizations Sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of states, local governments, and non-profit organizations expending Federal Awards.
OMB Circular A-133 itemsAudit requirements Auditee responsibilitiesAuditor responsibilitiesInstructions for submitting the audit report to the Federal Audit Clearing House for the US Census Bureau http://harvester.census.gov/sac/
Break! Be back at 2:35 for more BOSS! 2nd Session - Panel Presenters Valerie Koch, Goeff Cheeseman and Kelly Smith Gina Taberski and Peter Chamberlain Dave Sundvall
Indirect Cost rates Justin YoungManager, Budget Analysis
Why do we have indirect cost rates? Federal Regulations OMB Circular A-122, Cost Principles for Non-Profit Organizations http://www.whitehouse.gov/omb/circulars_a122_2004/
OMB Circular A-122, Cost Principles for Non-Profits Defines Direct and Indirect Costs Details methodology for developing indirect cost pools Defines allocation bases for distributing indirect costs, e.g., Modified Total Direct Costs (MTDC)
Indirect Cost Pool Components Cost Pool is comprised of expenses of like character in terms of the functions they benefit Allocation base measures benefit to each function Indirect Cost Pool/ Allocation Base = Indirect Cost Rate
FY2014 Indirect Cost Rates Indirect Cost Rate FY 2014 BASE Employee Benefit Rates: Reduced Benefit Rate 9.6% Salary* Full Benefit Rate 53.8% SalaryCommunications: $3,055 HeadcountFacilities Cost Rate: $26.96 GASFUCAR G&A: 15.5% MTDC+ICNCAR Indirect Cost Rates: On-site 58.8% MTDC Off-site 43.1% MTDC UCP Indirect Cost Rates: On-site 34.1% MTDC Off-site 23.5% MTDC * Includes casual employee and student visitor salaries .
UCAR Indirect Cost Flowdown *The graphic is intended to show the flow of costs and the proportions do not reflect total dollars.
Benefits Cost Pool - $50M(FY14)
Communications Cost Pool - $4.9M (FY14)
Facilities Cost Pool - $17.4M (FY14)
UCAR G&A Cost Pool - $25M (FY14)
NCAR Cost Pool - $54.4M (FY14)
UCP Cost Pool - $9.8M (FY14)
Indirect Rate Methodology Change FROM Fixed w/Carry Forward TO Final and Provisional Rate Fixed indirect rates are determined based on budgeted revenues and budgeted expenses Fixed indirect rates are applied throughout the fiscal year Variances based on actual revenues and expenses are carried forward (2 years) in order to adjust future indirect rate calculations (up or down) Provisional indirect rates are determined based on budgeted revenues and budgeted expenses Provisional indirect rates are applied during the fiscal year Final rates are calculated based on audited actual revenues and expenses Final rates are applied to award expenses, thereby recalculating indirect charges All indirect cost pools will have zero variances at the end of the fiscal year
March 2013 Oct. 2013 Oct. 2014 Jan. 2015 Begin FY2014 with Provisional Rates Calculate and apply FY2014 Final Rates Audit complete, Final Rate Submission to NSF Projected approval of Final Rates by NSF May/June 2015 FY2014 Rate Submission to NSF Indirect Cost Rate Timeline for FY2014
Budgeting and Proposalsncar & ucp budget offices NCAR – Valerie Koch UCP – Geoff Cheeseman - Kelly Smith
NCAR Budget & Planning Office
What does the NCAR B&P Office do? Base Budget Operations Detailed operating budget development Funding allocations NCAR Indirect Cost Rate NCAR Facility User/Recharge Center Rates Funding/staffing trends Budget/overspending monitoring Review of base subcontracts over $250K for Director approval Non-Base Programs Proposal Review and Approvals Pre-spending and over-spending monitoring Coordination of NSF FastLane reportsNon-Base proposal and funding statistics and trend analysisReview of non-Base subcontracts over $250K for NCAR Director approval Program Planning Strategic Plan Long-range budget planning Annual Budget Review (ABR) Long-range forecasting/ “what ifs” analysis Program Operating Plan (POP) POP Progress Report
What is the diversity of funding for NCAR?
UCAR Community Programs (UCP) Education, Service, Community Building, and Innovation are the hallmarks of the UCAR Community Programs. UCP's vision and mission are:Vision. Bring Communities together to address large-scale, integrated research and education issues. Mission . Provide leadership, services, and innovation in support of UCAR community education and research goals.
UCP Budget Office
What does the UCP Budget Office do?
What is the diversity of funding for the UCP programs?
Proposals
What constitutes a proposal and when do I need permission to submit a proposal? A proposal is an application for funding, for activities such as research, training, or service that is submitted to a sponsor such as a federal or state agency, commercial, foreign or non-profit organization. Prior to submission, all proposals must be reviewed and approved by: Lab/Division or Program Director Entity Budget Office NCAR Specific – Use of NCAR staff and facilities on all non-NSF and NSF Grant activities requires approval of the NCAR Budget Office. Unfunded collaboration on another organization’s proposal. Proposals are officially submitted by UCAR on behalf of the principal investigator.
Who is allowed to be a principal investigator (PI) on a proposal? Principal Investigators have responsibility for the scientific/technical direction and administrative and financial management of the project. UCAR employees such as Sr. Scientists, Scientists, Project & Associate Scientists, Software Engineers, Technicians, etc. may serve as Principal Investigator on a proposal. Proposals submitted by post docs, visitors and term employees must have a UCAR employee designated as the PI, with the post doc, visitor or term employee designated as Co-I/Co-PI.
What guidance must I follow when submitting a proposal? Sponsor RequirementsProposal requirements and guidance differ by sponsor. From required content to specific margins and font to submission method. Individual sponsor announcements also contain unique requirements: Eligibility Limited Submissions Must be coordinated across UCAR Budget Restrictions Limitations on overhead or fee Requires additional processes such as Cost Sharing, STORM or UCAR Management Fee Waiver
What guidance must I follow when submitting a proposal? (Continued) NCAR and UCP each have their own proposal guidelines.UCP Web: http://www.ucp.ucar.edu/proposaloutline.html NCAR Web: http://www.ncar.ucar.edu/planning/proposals/ NCAR Specific – NCAR’s Cooperative Agreement with NSF contains comprehensive direction on proposal management. External review committee conducts a retrospective review of UCAR’s proposals (PACUR).
What guidance must I follow when submitting a proposal? (Continued) President’s Advisory Committee on University Relations Committee of individuals from UCAR’s member universities, established in response to university concerns about unfair competition. PACUR conducts a semi-annual review of how well proposals follow the agreed to criteria developed by PACUR, NCAR, UCAR and NSF: Provides assurance to NSF, as required, and university community that there is no unfair competition. Mechanism to encourage collaboration between UCAR and university community. Report of findings is presented to UCAR President, NSF and university members.
Proposal Roles & Responsibilities
How successful are NCAR proposals?
How successful are UCP proposals? *Some 2011 and 2012 proposals are still pending a decision. Average success rate is 56.6%
Where to get more informationNCAR Budget and Planning Office http://ncar.ucar.edu/budget-and-planningUCP Budget Office http://www.ucp.ucar.edu/budget_office.html Questions?
Contracts – direct awards Gina TaberskiContracts Director
Contracts – Direct Awards Areas of Responsibility: Review sponsor solicitations Review/approve certifications Submit government on-line proposals Review and negotiate direct awards Negotiate award modifications
Contracts – Direct Awards Areas of Responsibility – cont’d Assist labs/divisions/programs with compliance questions Review and negotiate zero funded agreements Oversee direct award closeout
Contracts – Direct Awards Who is responsible and has oversight responsibility for compliance with the terms and conditions of sponsor awards? The Principal Investigator (PI) is primarily responsible to assure that anyone charging to an award where he/she is named as the PI complies with the award’s terms and conditions. UCAR Finance and Administration has oversight responsibility to monitor award compliance and perform other functions on behalf of the PI.
Contracts – Direct Awards Principal Investigators and Named Co-PIs Have Oversight for: Conduct of the project Compliance with award terms and conditions* Subrecipient /Subcontract – programmatic oversight Export Compliance Deliverables (project reports and other deliverables including invention disclosures) * Lab/Division Administrators may assist; however, the PI and named Co-PIs have primarily responsibility for overall compliance.
Contracts – Direct Awards Types of Direct Awards Managed by UCAR: Cooperative Agreements – Financial assistance awards where substantial involvement is anticipated between the sponsor and UCAR during the performance of the contemplated activity. Grant - A legal instrument between the sponsor and UCAR whenever a) the principal purpose is to transfer money, property, services, or anything of value in order to accomplish a public purpose; and b) no substantial involvement is anticipated between sponsor and UCAR during the performance of the contemplated activity.
Contracts – Direct Awards Types of Direct Awards Managed by UCAR: Contract – Seller is obligated to furnish supplies/services and buyer is obligated to pay. Purchase Order – Offer to buy supplies/services, including research and development Subcontract – (see Contract) Subawards – (see Grant) Terms and conditions will vary depending upon the type of award.
Contracts – Direct Awards What types of award actions generally require UCAR to seek approval from the sponsor? Significant program changes – changes in the statement of work Change of the Principal Investigator Reprogramming (overhead, equipment, issuance of subaward /subcontract) Changes in deliverables schedule (more specific to contracts) No cost extensions
Contracts – Direct Awards What mechanisms may be required to 1) transfer UCAR intellectual property to a sponsor or other 3 rd party; or 2) receive another party’s intellectual property? License Agreement- Managed by the Office of General Counsel (OGC) Export License - Issued by the U.S. State Department - An export license grants permission to conduct a certain type of export transaction. Technical Assistance Agreement – An agreement for the performance of a defense service(s) or the disclosure of technical data. Non-disclosure Agreement - Managed by OGC
Contracts – Direct Awards Reporting – UCAR Finance and Administration are responsible for financial and other corporate reporting including: Contractor’s Release Certifications Financial Reports Patent/Invention Reporting (joint responsibility) Property Reports Small Business Reporting ARRA Reporting (financial aspects)
Contracts – Direct Awards Reporting – PIs and Co-PIs* are responsible for programmatic reporting including: Annual Technical Reports Patent/Invention Reporting (joint responsibility) Final Technical Reports Special Reports (per award terms) ARRA Reporting (technical aspects) * Lab/Division Administrators may assist; however, the PI and named Co-PIs have primarily responsibility for overall compliance.
Contracts – Procurement Peter ChamberlainTeam Lead/Senior Contracts Administrator
Contracts - Procurements Procurement is tasked with acquiring goods and services to support the scientific activities of UCAR, NCAR, and UCP. Procurement strives to meet the project / program requirements while complying with the sponsoring entities’ regulations and requirements to ensure continued funding. Procurement staff are the competition advocates for UCAR striving to meet requirements while saving money through competition, innovation, and efficiency.
Contracts Office – Contractual Authority The UCAR President has delegated the responsibility of preparation, execution, and administration of UCAR direct awards and procurement actions to the Contracts Office per UCAR Policy 5-1. No binding commitment shall be made on behalf of UCAR, except by those having contractual authority and acting within the limits of the said authority. Commitments, arrangements, or promise of business, made by personnel without proper contractual authority is prohibited, and shall be subject to ratification by the VP for Finance and Administration.
Contracts - Procurement UCAR Policy 5-8 Acquisition of Goods and ServicesApproved Methods of acquiring goods and services include:Petty Cash: $100.00 or less - Employee pays for item and turns in receipt for reimbursement. Check Request: $500 or less - Employee pays for items and submits a check request for approval and review by Finance prior to reimbursement. UCAR Purchase Card (UPC): A JPMorgan Chase credit card allowing authorized employees purchasing authority within individual spending limits, under specific Merchant Category Classifications. UCAR Contracts staff have expanded purchasing capabilities and dollar thresholds to procure using P-card.
Contracts - Procurement Non-encumbered Blanket Purchase Order (NBPO) is a method for filling anticipated repetitive needs for supplies or services by establishing “open accounts” with qualified sources of supply for defined items. Purchase Requisition (PR): The PR process is a method for acquiring goods and services that supercedes other purchasing mechanisms. PRs must be reviewed and approved by authorized person having authority over the specific account key(s) listed on the PR. Include any additional documentation that will facilitate the procurement. Unauthorized Procurement Actions: An unauthorized procurement action is any verbal or written direction, agreement or authorization given to a vendor by a UCAR employee lacking contractual authority.
Contracts - Procurements Procurements in excess of $10,000 require competition prior to award unless there is a valid sole source justification. Sole Source Justification - Documentation of reasons why the procurement cannot be competed:Source is a named CO-PI or collaborator on proposal Follow on procurement or repair of original equipment manufacturer (OEM) that only the OEM parts or service will meet compatibility and warranty requirements Documentation that clearly substantiates that the source was arrived at through a “reasonable” process and is not arbitrary, based on personal opinion
Contracts - Procurement Conflict of Interest: No employee, officer or agent shall participate in the selection, award, or administration of a contract if a real or apparent conflict of interest would be involved. In addition to conflicts outlined in related policies, conflicts include any discussion with a potential future employer when the employee, officer, or agent is involved in the selection, award or administration of a contract. Further, UCAR prohibits purchases from employees, their immediate families, or their business affiliates.
Export Dave SundvallRisk Manager and Export Compliance Manager
Export Control Laws?Export control laws are a complex set of federal regulations designed to protect U.S. national security; to prevent the proliferation of weapons of mass destruction; to further U.S. foreign policy including the support of international agreements, human rights and regional stability; and to maintain U.S. economic competitiveness.
Export Controls SummarizedYou need permission to export (or temporarily import) controlled articles or technology , or to provide defense services to a Foreign Person (unless you qualify for an exemption), and you must keep records and make reports.
Export Controls SummarizedYou need permission to export (or temporarily import) controlled articles or technology , or to provide defense services to a Foreign Person (unless you qualify for an exemption), and you must keep records and make reports.
PermissionTypically, a license, agreement, or an exemption or exception
You need permission to export (or temporarily import) controlled articles or technology , or to provide defense services to a foreign person (unless you qualify for an exemption), and you must keep records and make reports.
ExportAny item that is sent from the United States to a foreign destination “Items” include hardware, instruments, software, or technical data and informationBy fax, phone, email, ftp, FedEx, hand carried, etc.
Deemed ExportThe release of technology or source code to a foreign national in the United States is “ deemed” to be an export to the home country of the foreign person under the EAR Granting access to controlled technology
You need permission to export (or temporarily import) controlled articles or technology , or to provide defense services to a Foreign Person (unless you qualify for an exemption), and you must keep records and make reports.
Controlled items or technologyListed on the State Department’s USML or Commerce Department’s CCL
State DepartmentUSML-U.S. Munitions List ITAR-International Trade in Arms Regulations Military items or defense articles Includes space-related technology because of application to missile technology Includes technical data related to defense articles and services Does not include basic marketing information or general system descriptions
Department of CommerceCCL-Commerce Control List EAR –Export Administration Regulations Dual use items Items that have both commercial and military or proliferation applications – but purely commercial items without an obvious military use are also subject to the EAR
What’s NOT controlled?Information concerning general scientific, mathematical or engineering principles commonly taught in universities or information in the public domain Information that is published and which is generally accessible or available to the publicFundamental research in science and engineering where the resulting information is ordinarily published and shared broadly in the scientific community
You need permission to export (or temporarily import) controlled articles or technology , or to provide defense services to a Foreign Person (unless you qualify for an exemption), and you must keep records and make reports.
Defense servicesThe furnishing of assistance, including training, to foreign persons in the design, engineering, development, production, processing, manufacture, use, operation, overhaul, repair, maintenance, modification, or reconstruction of defense articles, whether in the United States or abroad; or the furnishing to foreign persons of any controlled technical data, whether in the United States or abroad.
You need permission to export (or temporarily import) controlled articles or technology , or to provide defense services to a Foreign Person (unless you qualify for an exemption), and you must keep records and make reports.
Foreign personForeign Person means any person who is not a citizen or national of the United States unless that person has been lawfully admitted for permanent residence. It includes foreign corporations, international organizations, foreign governments, and any agency or subdivision of foreign governments.
You need permission to export (or temporarily import) controlled articles or technology , or to provide defense services to a Foreign Person (unless you qualify for an exemption), and you must keep records and make reports.
Exemption / ExceptionA "License Exception" is an authorization that allows you to export or reexport, under stated conditions, items subject to the Export Administration Regulations (EAR) that would otherwise require a license.
You need permission to export (or temporarily import) controlled articles or technology , or to provide defense services to a Foreign Person (unless you qualify for an exemption), and you must keep records and make reports.
RecordkeepingRecords of transactions involving exports, including exports utilizing any of the License Exceptions, must be maintained 5 years.
You need permission to export (or temporarily import) controlled articles or technology , or to provide defense services to a Foreign Person (unless you qualify for an exemption), and you must keep records and make reports.
ReportingThe use of certain license exceptions include reporting requirements For example, exports of certain commodities, software and technology controlled under the Wassenaar Arrangement (high performance computers, thermal imaging devices)
Where to get more information http://www2.fin.ucar.edu/ogc/export-compliancehttp://www.pmddtc.state.gov/http://www.bis.doc.gov/ -End-