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Export Controls: General Overview

International Traffic in Arms Regulations State Department Office of Defense Trade Control Military Application. Export Administration Regulations Commerce Department Bureau of Export Administration Commercial Application. Export Controls: General Overview .

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Export Controls: General Overview

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  1. International Traffic in Arms Regulations State Department Office of Defense Trade Control Military Application Export Administration Regulations Commerce Department Bureau of Export Administration Commercial Application Export Controls:General Overview

  2. Export Controls:ITAR – License Needed? Review for Military Subject Matter and/or Military Application

  3. Export Controls:What is an export? • Any shipment, transfer or transmission by any means of any: • Commodity (equipment, hardware or material) • Technology (technical data or assistance) • Software

  4. Export Controls:No License Required • Public Domain- information that is in the public domain is not subject to export control. Includes information which is published and generally accessible to the public. • Ex. - Information that concerns general scientific, mathematical or engineering principles commonly taught in Universities.

  5. Technical Assistance Agreement (TAA) Provision of training or services involving multiple interchange Required language Submitted unsigned License DSP-5 Unclassified DSP - 85 Classified One time Permanent export Valid up to 4 years Export Controls:Types of Approvals

  6. Export Controls:Export Administration Regulations • Commercial nonmilitary sales to foreign corporation or foreign government. • Ten General Prohibitions • Commerce Control List (CCL) • Denied Persons List

  7. Export Controls:Not Subject to EAR • Public Domain • Controlled by other laws • EAR 99

  8. Export Controls:Public Domain • Publicly Available Information • Including data, technology, software which is educational, previously published, included in patent application, results of fundamental research (no restrictions on publication)

  9. Export Controls:License Required • Review SOW determine scope of project • CCL Category • ECCN • Cross check Country Chart • No Exceptions • Encryption Controls (software) • Denied Persons List or Prohibited Destination

  10. Export Controls:Deemed Export • An export of technology or source code is “Deemed” to take place when released to a foreign national within the U.S.

  11. Export Controls:Release • Release is making technology or software available to foreign nationals, visually orally or by practice or application under guidance of persons with knowledge of the technology.

  12. Export Controls:When Applicable • Does not qualify under EAR99 • No License Exception

  13. ExportControls:License Required • License is required when intent is to transfer controlled technology to foreign nationals in the U.S. and a license would be required if the foreign nationals home country would require a license.

  14. Export Control:Foreign National • Deemed export rule does not apply if: • Green Card • U.S. Citizenship • Political Asylum

  15. Export Controls:Web Sites • www.pmdtc.org • www.bxa.fedworld.gov

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