1 Office of Research and Sponsored Programs U.S.

Transcript:1 Office of Research and Sponsored Programs U.S.:
1 Office of Research and Sponsored Programs U.S. Export Control Laws 2 What is an “export”? Exports: The shipment or transfer of items, information or software outside the U.S. or; the release or sharing of restricted technology or data – orally or in writing – with foreign nationals inside or outside the U.S. Items – Tangible things, equipment or hardware Information = “Technical Data” such as models, formulae, engineering designs, or; technical assistance such as training or instruction. Software – Computer programs or microprograms in either “Source Code” (programming statements) or “Object Code” (machine-readable instructions). 3 Tangible vs. “Deemed Exports” An “export” is a tangible shipment of an item, information or software outside of the U.S. A “deemed export” is a "release” of information or software code to a foreign person in the U.S. Transmitting the technology to a foreign national, an individual other than a U.S. citizen or permanent resident, within the United States. Foreign national – a person residing in the U.S. who is not a lawful permanent resident. Also includes any foreign corporation, business association, partnership, trust, society, or any other group not incorporated to do business in the U.S., and any international organization, foreign government, or diplomatic entity. Can be oral or written disclosure, or through visual inspection 4 More on “Deemed Exports” For an immigrant alien who possesses a green card for permanent residence in the U.S.: For the purposes of export control regulations, such an individual is a “U.S.” person and can be allowed access to export controlled information without an export license. For a UT employee who is an immigrant alien who does not posses a green card for permanent residence in the U.S.: Only ITAR provides a limited exemption to disclose technical data at MSU to full- time foreign employees under specific conditions. 5 What are Export Controls? Export controls are federal laws that regulate the export of sensitive technologies, equipment, software, biological agents, and related data and services to anyone, including U.S. citizens, or to foreign nationals or representatives of a foreign entity on U.S. soil for reasons of national security and protection of trade. 6 Export Control Objectives Deny our adversaries the means to advance their military potential Implement foreign policy objectives Prevent Terrorism Inhibit the proliferation of Weapons of Mass Destruction Fulfill Multilateral Obligations (UN sanctions, various trade agreements). 7 Why are These Laws Important? Violations of trade sanctions