Lab-developed Software
& Export Control
Sarah Maynard, Customs Office
(505) 665-2194, maynard@lanl.gov
-and-
Tom McDonald, Classification Office
(505) 667-5012, mcdonald@lanl.gov
Presentation Outline
• History
• Software Release Authorization
Process
• Future On-line Software Review
Development
• Code Export Process
• Approval Forms and Checklists
History
• 1989 Guide to Export
– Software & electronic dissemination
– Plant visits by foreign nationals
• 1997 IG Inquiry
• 1998 Formalized Process
• 2000 LIR & Mandatory Training
Software Issues for LANL
• Is Software Classified or UCNI?
• Does Software have Commercial
Value?
– Patentability
– Copyright
– License
• Software Developed with Collaborators?
– Proprietary Rights and Ownership
ECCN Determination
Classification makes ECCN Classification sends a
determination from specifications or copy of determination to
meeting with code owner Customs Team
Code Owner sends
Software Release Form Classification asks Customs
To Classification Classification is unsure of ECCN Team to apply for ECCN
or jurisdiction or CJ
Form contains Customs Team applies
Line management WAITS
Signature that the Sends copy of the
Code is publicly determination to
Available Classification and files for
future export request
Current Procedure:
Author Completes Forms
• Software Release Form
• Copyright Disclosure Form
• Software Distribution Request Form
• Participant/Company Licensing
Questionnaire
• Energy Science & Technology Software
Center (ESTSC) Form
• U.S. Copyright Office Registration Form
Online Procedure
Under Development
• Author Completes a Single On-line
Form
• Form goes to Appropriate Offices for
Review and Approval
– Management
– Classification Office (S-7)
– Customs Office (BUS-6)
– Industrial Business Development Office
Code Export Process
Customs Team Custom Team Customs Team
Receives request on Retrieves ECCN Checks TDOs
Export Approval Form
Customs Team checks
entity if unknown
If no license exception
applies or entity is bad
Customs Team applies
for a license
Customs Team notes license
number and conditions or
license exception on
Export Approval Form
& sends to Requester
Code is exported