Ginger Carney Director, Export Compliance NCOIC Network Centric Operations Industry Consortium Export Compliance Approved for Public Release Distribution

Ginger CarneyDirector, Export Compliance

NCOIC

Network Centric OperationsIndustry Consortium

Export Compliance

Approved for Public Release Distribution Unlimited

NCOIC-ExpComp

June 2008

© Copyright 2008 NCOIC - All rights reserved

NCOIC Technical Team Work

Identify standards used in network centric operations

‘Operations’ – military, civil, humanitarian

Identify use cases, patterns of use

Analyze the use of those standards

Apply to identified use cases

Conduct gap analyses, harmonization of various

requirements, etc.

Ultimate goal is an architectural reference model for

stakeholder communities

assists customers in obtaininginteroperable solutions

© Copyright 2008 NCOIC - All Rights Reserved

NCOIC Technical Team Work

Government Agencies Regulate Exportsassists customers in obtaininginteroperable solutions

Government Agencies Regulate Exports Australia – Minister for Defence

Denmark – Ministry of Justice

Finland – Ministry of Defense, Council of State

France – Secretary General of National Defense, Commission for the Study of Export of War Material (CIEEMG); Service des Titres du Commerce Extérieur (SETICE)

Germany – Federal Ministry for Economics

Israel – Ministry of Defense (SIBAT)

Italy – Ministry for Foreign Affairs

Netherlands – Ministry of Economic Affairs

Poland – Ministry of Defense

Spain – Ministry of Economy & Taxes

Sweden – Ministry of Foreign Affairs, Ministry of Defense

Switzerland – Federal Office for Foreign Economic Affairs

UK – Dept of Trade & Industry

US – Dept of State; Dept of Commerce


Australia – Minister for Defence
















































































































































































































































When Does an Export Take Place?

Physical:– Shipment of

hardware or data– Defense services– Handcarry



When Does an Export Take Place?

Electronic

Verbal

Intangible Exportsassists customers in obtaininginteroperable solutions

Intangible Exports


Verbal: Plant visit Visit to overseas

customer/plant Joint venture Meeting Trade show Presentation of

paper at tech symposium

Phone call

Electronic: Fax E-mail Internet Shared collaborative

space, blog, wiki Electronic media

(CDs, USB drives, PDAs)





Phone call








Phone call








Phone call








Phone call




Topics for Open Discussion

Open Standards, and their patterns of use, technical merit, specification, or evaluation, provided such discussions are not centered on military applications, contracts, or programs. (Identifying WHAT)

Technical/non-technical materials, information obtained from public domain or open source literature with unlimited distribution (provided such discussions are not centered on military applications, contracts, or programs). Includes, is not limited to, information from:



Topics for Open Discussion

– Open websites– Publications (open subscription), conferences/seminars available

to public, – General scientific information– Governance and non-technical information, including but not

limited to schedules, plans, working group processes, policies, and procedures (not related to manufacturing or production), roadmaps, statements-of-work, action items, status reports, budgets, meeting and conference call notes (if non-technical), and other similar items.

Restricted Topics (US-ITAR)assists customers in obtaininginteroperable solutions


Restricted Topics (US-ITAR)

Discussion on HOW open standards, patterns of use, etc., are applied to military programs

Other information from public source, but discussed with regard to specific military application, programs, or contracts (US or other government)

Information sourced from a website, access to which is only possible with a Government sponsor

Information on specific military applications and/or programs

(From the US) FOUO information (From other nations) Information marked as restricted, on

case-by-case basis Classified data or information Manufacturing know-how

Violations and Penalties

Varying levels of assessment among different national regulations

All national regulations impose penalties Civil – administrative violations Criminal – intent to circumvent the law

– More significant penalties

In the US, as in other countries, penalties assessed in the millions of dollars/currency– Lost revenue due to suspension from Government

contracting (US)



Violations and Penalties

Our Responsibilities

Abide by your country’s export

regulations

Abide by your organization’s

export regulations

Know contact information for

your organization’s export

compliance official

Protect restricted information

appropriately



Our Responsibilities

As an NCOIC participant, you are responsible to

Documents

Ginger Carney Director, Export Compliance NCOIC Network Centric Operations Industry Consortium Export Compliance Approved for Public Release Distribution