2

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

3

Export Controls:

ITAR – License Needed?

Review for Military Subject Matter and/or Military Application

4

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

5

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.

6

Export Controls:

Types of Approvals 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

7

Export Controls:

Export Administration Regulations

Commercial nonmilitary sales to foreign corporation or foreign government.

Ten General Prohibitions Commerce Control List (CCL) Denied Persons List

8

Export Controls:

Not Subject to EAR

Public Domain Controlled by other laws EAR 99

9

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)

10

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

11

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.

12

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.

13

Export Controls:

When Applicable

Does not qualify under EAR99

No License Exception

14

Export Controls:

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.

15

Export Control:

Foreign National

Deemed export rule does not apply if: Green Card U.S. Citizenship Political Asylum

16

Export Controls:

Web Sites

www.pmdtc.org

www.bxa.fedworld.gov