2What is Export Control?Export Control is a federal government mandate designed to ensure that each employee comply with regulations that restrict the export of goods, technology and related technical information to countries that have been identified as a threat to our homeland security or economic status.
3What is an export?Any oral, written, electronic or visual disclosure, shipment, transfer or transmission outside the U.S. to anyone, including a U.S. citizen, of any commodity, technology (information, technical data, or assistance) or software/codes.Such exports include transfers of items or information to foreign embassies, overseas corporate affiliates and contractors.
4Exports – Actual and Deemed “Actual Export.” Technology and information leaving the shores of the United States.“Deemed Export.” Transmitting the technology or information within the United States to an individual other than a U.S. citizen or permanent resident.
5Technical DataTechnical Data means information required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of controlled articles.This includes information in the form of blueprints, drawings, plans, instructions, diagrams, photographs, etc.
6US Export Controls and Responsible Agencies U.S. Department of Commerce: Controls “Dual-Use” technologies (designated for civilian use, but with military application) – Export Administration Regulations (EAR).U.S. Department of State: Controls inherently military technologies –International Traffic in Arms Regulations (ITAR).U.S. Department of Treasury, Office of Foreign Assets Control (OFAC): Prohibits transactions with countries subject to boycotts, trade sanctions and embargoes.
7Export Administration Regulations (EAR) Goods and related technology listed on the Commerce Control List (CCL, 15 CFR 774, Supp. 1)Lists 10 categories for which a license is requiredMaterials (chemicals, microorganisms, toxins), Materials Processing, Electronics, Computers, Telecommunications, Lasers and Sensors, Navigation and Avionics, Marine, Propulsion Systems, Space Vehicles and Related EquipmentGoods may have dual use.Classic examples are lasers, Global Positioning Systems, and computers.The release of technical data includes “oral exchanges of information in the United States or abroad” (15 CFR (b)(3)(ii)).All exports of technical data in a restricted category may require a license prior to export.
8International Traffic in Arms Regulations (ITAR) Regulates defense articles, defense services, related technical data on the US Munitions List (USML) at 22 CFR 121.Items “deemed to be inherently military in character.”Categories include equipment, software, algorithms and technical data and services directly related to the items specified.The USML lists 21 categories which require a license.The List includes weapons, chemical and biological agents, vehicles, missiles, equipment and all satellites.
9Office of Foreign Assets Control (OFAC) Prohibits transactions with countries, entities and individuals subject to boycotts, trade sanctions and embargoes and enforces economic and trade sanctions based on U.S. foreign policy and national security goals.Targets foreign countries, terrorists, international narcotics traffickers and those engaged in activities related to the proliferation of weapons of mass destruction.Prohibits transactions with Specially Designated Nationals and Blocked Persons.
10Export Controls Checkpoints Sponsored researchManagement of intellectual propertyVisits of foreign nationalsPurchasing and dealing with foreign/international vendorsShipment and utilization of scientific equipmentWorking with collaborators and colleagues within and outside of the U.S.Travel outside the U.S. for scientific and educational purposes
11Admission and matriculation of students from embargoed countries Employment restrictionsUniversity facilities access by foreign nationalsPublication restrictionsConfidential information transmission and receiptExporting information, goods or services to foreign nationals and countries identified as a threat by the Departments of State, Commerce and TreasuryRecordkeeping requirementsLicenses for regulatory approval
12How could export controls affect Research? Publication of research results would be severely restricted or controlled, if contrary to university policy.Foreign national participation would be strictly prohibited.Secure facilities with restricted access may be required.Special rules for controlled toxins, bio-agents and chemicals may be invoked.An export control license may be required by Commerce or State if information, technology, items or services are controlled.Research requiring an export control license may not be approved the ECRC. Obtaining an export license may be costly and result in considerable delays.
13Dissemination of Information The regulations prohibit the disclosure of controlled technical information by any method to a foreign national in the U.S. or abroad without a license from Commerce or State.Methods of disclosure include:FaxTelephone discussionscommunicationsComputer data disclosureFace-to-face conversationsTraining sessionsTours which involve visual inspections
14Other Examples of Restrictions Conferences and meetings where previously unpublished research will be presented (web-based, abroad or in the U.S.).Teaching foreign collaborators how to use controlled items in research (defense service).Transfers of research equipment abroad.Sharing/shipping encryption source code abroadTravel to/transactions with OFAC sanctioned countries
15Exceptions Fundamental Research Public Domain Transfer of general scientific, technical or engineering informationITAR bona fide employeesInformation and technology taught in catalog courses – Educational Exemption
16Fundamental Research Exemption The “fundamental research” exclusion applies for basic and applied research in science and engineering performed or conducted at an accredited institution of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly in the scientific community so long as that research is carried out openly and without restrictions on publication or access to or dissemination of the research results.It applies essentially to “deemed exports.”Fundamental research is distinguished from research that results in information that is restricted for proprietary reasons or national security reasons (EAR) or pursuant to specific U.S. government access and dissemination controls (ITAR).
17Public Domain Exemption It is published and generally accessible to the public through unlimited and unrestricted distribution, orIt is “fundamental research in science and engineering at accredited institutions of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly in the scientific community”Reference EAR 734.8; ITAR (8).
18Educational Instruction Exemption Generally, a license is not needed for classroom/lab teaching to foreign nationals in U.S. universities.Authorizes the disclosure of educational information released by instruction in catalog courses or general scientific, mathematical or engineering principles commonly taught in colleges and universities without a license from the Departments of Commerce or StateStudents in degree programs, using controlled equipment to conduct research need to be registered for a research credit classReference EAR 734.9:ITAR (5).
19Laptop Approval and Checkout Procedure If a WCU faculty member or administrator is traveling overseas and wants to take a laptop along, according to federal export control laws, certain goods deemed “sensitive” or “controlled” are restricted from being taken abroad. A WCU laptop falls under the category of a “controlled” good because of the encryption technology employed in the Computrace (Lojack for laptops) software that WCU and many other institutions in the UNC system use to protect laptops from theft.If a laptop with this encryption device were to fall in the hands of a terrorist or individual who carries out a plot to harm the United States, the owner of the computer would be taken to court, fined up to $1,000,000, or jailed for up to 10 years. In this instance, the State of North Carolina would not have an obligation to legally defend the faculty member’s actions.
20Unless the faculty member/administrator wants to sleep, eat, and shower (not advisable) with your personal laptop, the office of International Programs and Services and WCU strongly recommend that you1. Seriously reconsider whether you need a laptop overseas (there are internet cafes or university computers that you may be able to use while doing business overseas) and2. Sign out and take one of the travel friendly laptops prepared by IT Services that does not have the encryption device.
21Laptop Checkout Procedure Two weeks before pick-up:1. Faculty issues an request to Lois Petrovich-Mwaniki or Kay Moore for a laptop to IPS with date of pick-up and return (Lmwaniki or Kmoore)2. IPS goes on-line to HELP.wcu.edu to request a travel friendly laptop for international travel specifying pick-up and return dates3. IPS receives a ticket # by and prints this4. IT delivers laptop to IPS at least 2 days ahead of the pick-up date5. IPS checks out laptop and goes over bag contents with faculty member6. Faculty member signs and dates memo7. Faculty member returns laptop to IPS on date specified8. IPS does quick inventory check with traveler to insure that everything is in the bag9. IPS updates ticket number in on HELP websiteIT gets notification and picks up laptop from IPS.
22RecordkeepingThe EO maintains all export controls and embargoes documentation at a central repository located at the Graduate School for five years. Records that need to be maintained are listed in the Export Controls Communication Plan under recordkeeping.
23Red Flags! Shipments of equipment to a foreign country Training or collaboration with foreign nationalsResearch activities performed in or traveling to an embargoed countryReference to export controlled technologies in an award documentRestrictions on publication rightsRestrictions on foreign participationGrant/Contract terms & conditions limiting access to or dissemination of research resultsSharing/Shipping Encryption Source Code AbroadANY Item, Information or Software that is:Designed or modified for a military useSuspected use in/for a weapon of mass destruction (nuclear, chemical, biological, missiles)
24Violations and Penalties Criminal penalties (including fines and/or prison sentences for individuals) and civil sanctions.May affect future research opportunities.Fines of up to $1,000,000 per violation for individuals and/or the university.Prison sentences up to 10 years.
25Contact InformationGraduate School and Research110 Camp BuildingWestern Carolina UniversityPhone: (828)Fax: (828)Mimi FentonInterim Dean,Graduate School and ResearchAndrea MoshierResearch Compliance Officer,Graduate School and ResearchThese slides were developed with the assistance of previously prepared material from UNC General Administration, UNC Chapel Hill, NCURA presentations and an Export Control presentation by Dr. Debra Burke, Professor, Western Carolina University and LeVon E. Wilson, Professor, Georgia Southern University
26Export Control Review Committee http://www.wcu.edu/6800.asp LinksExport Control Review CommitteeECRC Committee Member contact information