Export Controls CBP is Turning up the Heat and the “ICE” is Not Melting April 2008 NCURA Western Regional Conference Adilia F. Koch

Increase in Government Searches & Seizures... More government searches of laptops, electronic memory devices of travelers entering and leaving the U.S. Clarity Sought on Electronics Searches U.S. Agents Seize Travelers' Devices (Washington Post) dyn/content/article/2008/02/06/AR _pf.html Make sure traveler has all necessary documentation accompanying the hand-carried items Shipper’s Export Declaration may be required Export License numbers Small infractions can lead to more serious investigations

CBP Authority to Search “U.S. Customs & Border Protection (CBP) officer’s authority is derived through 19 USC 1465 and 19 CFR which states that, “All persons, baggage and merchandise arriving in the Customs territory of US from places outside thereof are liable to inspection by CBP – including US citizens.” Diplomatic status exempted

ICE (U.S. Immigration and Customs Enforcement) “ICE’s Arms and Strategic Technology Investigation Unit (ASTI) Unit is responsible for investigating the illegal export of U.S. military products and sensitive technology. ICE partners up with FBI, DOC and OFAC and includes ability to follow the export of goods and technology around the world. Ability to acquire and analyze digital evidence by applying computer forensic skills”

4 th Amendment Protection ACLU and other groups have challenged the US government’s authority to search and seize without reasonable cause. No clear guidelines or policies on border searches, including which rules govern the seizing and copying of the contents of electronic devices. Do border agents have a right to search electronic devices at all without suspicion of a crime? US government believes that if you haven’t cleared customs, then the 4 th Amendment protection doesn’t apply since you are not “officially” in the U.S.

Travel Light Best to travel outside US with “clean laptops” Don’t carry sensitive technology Don’t carry export controlled information that’s not subject to an exemption, exclusion or other authority Consider not taking information that can be compromised during a search: Personal data Websites visited s Proprietary information Information subject to Non-Disclosure Agreements Attorney-client privileged information

Travel Awareness Faculty Travel Abroad Awareness Briefing Advisable depending on type of technology, purpose of the visit, country involved

More stringent rules for travel to T-5 Countries Different set of rules for travel to sanctioned countries T-5 Countries: Iran Sudan Syria North Korea Cuba Contact OFAC for travel to these countries to determine what’s allowed and what’s not.

Summary Empty out the pockets Make sure all hardware, equipment, “tools of the trade” are properly declared when entering Customs Document the Exemption when you travel, take a copy with you Recordkeeping requirements apply to use of exemptions

Contact Info Adilia F. Koch Director of Export Compliance California Institute of Technology Phone: Fax:

RESOURCES Useful Links The Law and Regulations

Travel US State Department Travel Warnings w_1764.html CIA Factbook /the-world-factbook/

Embargoed/Sanctioned Countries & Policies State Department Office of Foreign Assets Control nt/ofac/

The Export Laws & Regulations U.S. Department of State: International Traffic in Arms Regulations (ITAR) U.S. Department of Commerce, Bureau of Industry & Security (BIS): Export Administration Regulations (EAR) U.S. Department of the Treasury, Office of Financial and Asset Controls (OFAC) U.S. Customs Regulations Imports -- Harmonized Tariff Code (HTS #) Schedule B (US Census)

Questions? Questions & Answers