Export controls and embargos office of research development starkweather hall, 2nd floor general overview of export controls and embargoes introduction export control laws are federal laws enforced by both the department of commerce export administration regulations, ear and the department of state international traffic in arms. There are both administrative and criminal penalties for violations of us export control laws, including denial of export privileges. Export control compliance sharing sensitive technologies. Reviewed proposals, contracts, and grants at the uh office of research services from 2007 to 20. Lessoften appreciated is that american export controls also cover the transmission of software source and object code overseas, and the sharing of technology or source code with foreign persons. In general, an export occurs when there is any transfer to any nonu.
Export control laws govern the exportation of sensitive equipment, software, and technology for reasons related to foreign policy objectives and national security. Rice university faculty, staff, and students engage in activities that may involve the export of certain items, products or goods, technology, and software to foreign countries and, consequently, may be subject to u. The export control list, which is included in a guide to canadas export controls, identifies specific goods and technology that are controlled for export from canada to other countries the export control. Overview of export laws and regulations the united states export laws and regulations operate to restrict the use of and access to controlled information, goods, and technology for reasons of national security or protection of trade. The export control risks of uschina technology collaboration. Make sure youre in compliance with these regulations. For export control purposes, software is defined as a collection of one or more programs or microprograms fixed in any. Encryption software, however, is generally controlled based on the level and type of encryption involved and will generally be controlled under unique encryption export rules, even if it is incorporated into another item. Summary of export control laws rice university faculty, staff, and students engage in activities that may involve the export of certain items, products or goods, technology, and software to foreign countries and, consequently, may be subject to u.
Department of treasurys office of foreign assets control ofac. The export control list, which is included in a guide to canadas export controls, identifies specific goods and technology that are controlled for export from canada to other countries. This regulation is performed by the requirement to obtain a license prior to. Worked in the technology industry, doing export and import regulation compliance from 1996 to 2007. Overview of export laws and regulations office of research. These restrictions apply to both domestic and foreign transactions. Faqs export controls compliance office of research. Contact david ivey, associate director, university export controls officer, in the office of sponsored projects, if you have any questions regarding export control issues related to your projects or travel outside the u.
The university engages in research that may involve the development or use of products, goods, hardware, software or materials or technology that may be subject to u. International collaborations and export controls policy usc. The purpose of this rule is to provide publicity and clarification of. The parties acknowledge that any products, software, and technical information including, but not limited to, services and training provided by either party under this contract are or may be subject to export laws and regulations of the united states and the destination countryies and any use or transfer of such products, software and technical information must be.
Export control basics university of california, san diego. Lists of export controlled items, information and software. Under the export administration regulations ear and the international traffic in arms regulations itar, the u. These features have been approved for export from the united states, subject to certain requirements and limitations. Sharing proprietary or otherwise restricted information, technology or software with. The university is committed to full compliance with all applicable export control laws and regulations. Overview of export control and economic sanctions regulations. The nda needs to include a provision that focuses on export compliance obligations by specifying that no party will export their technology under the nda, nor will they take any other action that is in violation of the export. Violations of these export laws are subject to severe criminal penalties. Export control laws are federal laws that govern how certain information, technology, and commodities can be transmitted to anyone overseas including u. Summary of export control laws research compliance. Many clients query the appropriateness of clauses that purport to make them subject to us law relating to the reexport of software and. In addition, export control laws and regulations restrict or prohibit the transaction of business with certain countries, persons, and entities that have been sanctioned by federal agencies as a threat to important u. Research with encrypted software export control laws and regulations restrict the shipment, transmission or transfer of certain items, software, technology and services from the u.
Export control regulations are federal laws that prohibit the unlicensed export of certain commodities or information for reasons of national security or protections of trade. Encrypted software is software that is scrambled to protect its confidentiality. The united states government has the statutory right to regulate the export of certain controlled classes of products. The latter example is commonly known as a deemed export. Sharing proprietary or otherwise restricted information, technology or software with a foreign national. These laws apply to virtually all fields of science and engineering and restrict the shipment, transmission or transfer of certain commodities, software, technology and services from the u. Export controls on transferring technology, commodities and. Export control the set of laws, policies, and regulations that govern the export of sensitive items for a country or company. No, export control laws apply to all activities, not just sponsored research projects. Export controls are federal laws that regulate the export of sensitive technologies, equipment, software, biological agents and related data and services.
Under the itar regulations, export means not only sending or taking a defense article out. Most exports do not require specific approval from the federal government. See the lists of export controlled or embargoed countries for guidance about where certain shipments may be sent. To ensure compliance with these laws, uf projects and programs will be managed in accordance with applicable federal laws, rules and regulations as well as uf policies and procedures including but not limited to the export control policy. This site seeks to provide basic information on export control regulations which. Sap software products and services are subject to the export control and sanctions laws of various countries, including without limitation, the laws of germany, the european union and the united states of america. Department of commerce export administration act reference g and export.
The law gradually became eased until around 2000, but some restrictions still remain today. The university of florida uf is fully committed to complying with applicable export control laws. Dont forget about export compliance in ndas boston. What indias new export control regime means for its software. Engaging in a sponsored project where the research results must be approved by the sponsor prior to publication. Examples include specification sheets and technical diagrams required for manufacture. Export control management plan mississippi state university. Export controls school of ocean and earth science and. Introduction to export control compliance selfguided training. A software export under the ear includes any release of technology or software subject to the ear in a foreign country, or any release of source code subject to the ear to a foreign national.
Export controls and international travel cornell research. Under eu export control laws, both restricted and unrestricted encryption solutions and products can be exported within the eu to eu member states, but exports from the eu outside of the eu may require a license. Sample of export control warning warning this document contains technical data whose export is restricted by the arms export control act title 22, u. How do the export control regulations affect people in nonscientific areas. Meanwhile, the us and other countries have export control regimes to prevent the export, reexport or deemed export of sensitive dual use technology, data or services and other items to certain destinations or individuals for foreign policy reasons, such as national security, sanctions or boycott. Fundamental research is research in science, engineering, or mathematics, the. Export controls for software companies what you need to. Beware export controls on software, encryption, technology. Export and contract compliance global export trade cisco. Nov 29, 20 us software vendorslicensors typically seek to incorporate an export control clause into their software licence agreements.
These laws can affect an institution in many different and unexpected ways. An export may also include the oral or visual transfer of military related technical data which includes software to a foreign person inside the united states. Department of commerces bureau of industry and security bis under the export administration regulations the ear. This guide has been developed to assist ict industry, software developers, academics and researchers to improve their understanding of how australias export control laws apply to the export, supply, publication or brokering of proliferationsensitive information and communication software and technology. Export control regulations identify items, software, technology and services that may require an export license to transfer out of the u. Director of export compliance and university export control officer. Is your software a defense article law firm of miller. Consider taking a minimal device equipped with only ordinary, recognizable software and minimal data so your delay is minimal and the consequence of a loss less disruptive. The following are the only approved methods of delivering or providing software to customers, users, or development partners. The international traffic in arms regulations, or itar, control the export of software classified as a defense article. As a publicly funded university, michigan state university is committed to the widest possible dissemination of scientific endeavors and research results through fundamental research as outlined in nsdd 189. Export of cryptographic technology and devices from the united states was severely restricted by u.
A foreign nationals use of export controlled items or software generally does not require an export license unless a third partysupplied item or software is a military itar item, or if the item is marked as export controlled development, production, or use technology. This page provides export control information on mcafee software and hardware products. Export controls laws and regulations research michigan. Export control clauses in software agreements lexology. Dec 16, 2015 individuals acting on behalf of the university, including faculty, staff and students, are responsible for complying with applicable export control laws, including requirements related to international travel, the proper handling, transfer, access, storage, control, and dissemination of export controlled hardware, software, information. Export control classification number eccn identifies items on the commerce control list that are subject to the export licensing authority of. There are severe institutional and individual sanctions for violations of export controls laws including the loss of research funding, loss of export privileges, as well as civil and criminal penalties including imprisonment. What indias new export control regime means for its. Items, information and software subject to us export control laws and used in a university environment are generally categorized on the following two lists. Companies that engage in the business of building intrusion software and certain surveillance systems need to be on guard. Federal export control laws restrict the export of goods, technology, related technical data, and certain services in the interest of protecting the national security and domestic economy. Control ofac administer the export control laws and trade sanctions. Customs officials are authorized to search or retain electronic devices to look for violation of export control regulations, as well as other laws and regulations.
What indias new export control regime means for its software industry. The lists on this page deal with where and to whom items, information, or software is going. Export control laws overview export control laws refers to laws and regulations that prohibit or restrict the unlicensed export of certain goods and technologies e. Oct 01, 2012 examples include specification sheets and technical diagrams required for manufacture. Export control laws and regulations export controls are federal laws and regulations that govern the transfer or disclosure of goods, technology, software, services, and funds originating in the united states to persons or entities in foreign countries or to nonu. Us software vendors licensors typically seek to incorporate an export control clause into their software licence agreements. Apr 10, 2014 meanwhile, the us and other countries have export control regimes to prevent the export, reexport or deemed export of sensitive dual use technology, data or services and other items to certain destinations or individuals for foreign policy reasons, such as national security, sanctions or boycott.
The following activities may be subject to export control regulations, and can occur at any time during your research. Export control definitions and commonly used phrases research. The best practice network guidelines the best practice. Northeastern university engages in research and educational activities that may involve the development or use of products, goods, hardware, software, materials or technology that may be subject to u. The export laws apply broadly to americans, wherever located, as well as to goods that contain a certain amount of american content or were. Export controlled or sanctioned countries, entities and. Tackling a software or encryption software export or deemed export. Frequently asked questions about export control compliance ucop. Export controls for software companies what you need to know many u. Export control and economic sanctions policy policies. Export of computer software and hardware a general primer. This article was originally published in the january 2015 issue of national defense, the national defense industrial associations business and technology magazine, under the title, know when software falls under export control regime. Shipment of a controlled commodity, equipment, material, or software outside. Federal export control laws restrict the export of goods, technology, related technical data and certain services in the interest of protecting the national security and domestic economy.
Before arranging for items to be shipped or conveyed electronically or otherwise outside the u. Export control compliance sharing sensitive technologies between international affiliates general concepts and transfer patterns september 19, 20 the u. Stony brook university created software and encryption introduction this guidance addresses export control compliance pertaining to the publication and commercialization of software including, but not limited to, any research or scientificpurposed software or cryptographic. Engaging in a sponsored project where the research results must be approved by. Export controls for software companies what you need to know. Although many member activities could be excluded from export control laws, some activities may be restricted. Since the events of september 11, 2001, the federal government has increasingly focused on the compliance of universities. It is not intended to be your sole resource for export control expertise export control compliance is often complicated and requires the judgment of the export control officer eco. With the rapid development of the technology sectors. While it is most unlikely that you would develop software subject to the itar in. Export controls on transferring technology, commodities. Individual cases should be addressed with mit export control early and often. Source code is generally understood to mean programming statements that are.
Both delivery methods can qualify as an export under the ear. Such export control clauses seek to have licensees contractually. Other countries also have similar export control laws requiring export licenses for certain items. Us software vendorslicensors typically seek to incorporate an export control clause into their software licence agreements.
Transmissions of encrypted software are stringently regulated by u. Two sets of export control regulations are most frequently encountered in the context of university research, teaching, and international travel. Such export control clauses seek to have licensees contractually agree that us and any other relevant export control laws apply to the licensee. Sep 01, 2016 export controls for software companies what you need to know many u. General overview for companies operating in the united arab emirates, qatar, saudi arabia and south africa.
A list of dual use items, materials, software, and technology, subject. Summary of export control laws research compliance rice. Census bureau while not a formal export control agency, the census bureaus foreign trade division is responsible for maintaining and implementing the foreign trade regulations 15 cfr part 30 that govern the preparation and submission of electronic export information eei submitted prior to most exports from the united states. Retaliation is also prohibited by university policy. With the rapid development of the technology sectors in many lowcost countries, more and more u. The federal government has enacted export control laws in order to protect the u. Export controls usually arise for one or more of the following reasons. Export controls also limit the ability to transport controlled equipment abroad, without obtaining u.
Even the reliance on usorigin, export controlled software or technology for manufacturing in china may result in the end item also becoming subject to us export control laws. The release of software may require an export control license from the. Since world war ii, many governments, including the u. Government controls exports of sensitive equipment, software and technology as a means to promote our national security interests and foreign policy objectives. The nature of the export has actual or potential military applications or economic protection issues. Export of cryptography from the united states wikipedia. Whether by electronic download or through the physical transfer via cdrom or flash drive, the release of software may require an export control license from the u. Mcafee products provide encryption features that are subject to the ear and other u. Most american companies understand that the export or reexport of a finished product involves export laws. Identifying proposals subject to export control laws and regulations early in the funding process, aids in efficient and effective contract negotiations. The university of kansas prohibits discrimination on the basis of race, color, ethnicity, religion, sex, national origin, age, ancestry, disability, status as a veteran, sexual orientation, marital status, parental status, gender identity, gender expression, and genetic information in the universitys programs and activities. Export control system and the export control reform initiative congressional research service 3 implementing regulations the eca is implemented by the export administration regulations ear.
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