Export Controls _EARITAR_ and Embargoes _OFAC_

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Export Controls _EARITAR_ and Embargoes _OFAC_ Powered By Docstoc
					 Massachusetts Institute of Technology                    Export Controls (EAR/ITAR) and Embargoes (OFAC)                                                Jamie Lewis Keith, Senior Counsel
                                                                                                                                                          Julie T. Norris, Director, OSP
Export to Foreign National in     Information, Instruction, Non-Encrypted        Equipment, Encrypted           Designed/Modified for     Scientific                     US Government
US or to Anyone Abroad            Software                                       Software                       Military Use, Reason to   Research/Experimental          Funding Imposes
(Access, Transfer, Visual,                                                                                      Know Use For/In           Satellites 22CFR121.1          Controls
Oral)                                                                                                           Weapons Mass              (XV(a) or (e))
                                                                                                                Destruction
Public Domain (ITAR) 22            Already published through/at:                No                             No                        No                             No
CFR 120.11, 120.10                     - Libraries open to public
                                       - Unrestricted subscriptions,
         Or                              bookstores, newsstands for cost not
                                         exceeding reproduction/distribution
Publicly Available (EAR)               - Published patents                        Except, foreign student
15 CFR 734.3( b) (3), 734.7,           - Conferences, meetings in US only          may be able to use
734.9                                    (ITAR) or anywhere only (EAR),            EAR/CCL equipment as
                                         open to public for reasonable fee         part of any university’s
                                         related to cost/attendees can take        course or teaching lab.
                                         notes                                     Can’t export equipment
                                       - Websites open to public, free, host       abroad under publicly
                                         doesn’t know or control                   available. (No such
                                         visits/downloads (EAR & probably          exemption for
                                         ITAR)                                     ITAR/USML equipment.)
Not subject to control  can           - General science, math, engineering
release to anyone, anywhere.             commonly taught at, and offered in
                                         course catalogues of university
                                         anywhere, or (EAR) in teaching labs


Fundamental Research               Resulting from basic or applied scientific   No                             No                         May apply
22 CFR 120.11(8); 15 CFR            or engineering research at an accredited      Except limited satellites                              See 22 CFR §123.16(b)(10)
734.8 (a) and (b)                   university located in the US (except           (22 CFR §123.16(b)(10))                                re: equipment and 22CFR
                                    limited satellite defense services 22 CFR     Except CCL and USML                                    125.4(d) re:
                                    125.4 (d))                                     equipment used by                                      information/defense
                                   No publication restrictions (except, under     foreign national on US                                 services (instruction,
                                    EAR and probably ITAR, short time to           campus as part of                                      assistance, technical data
                                    remove sponsor proprietary data or seek        research that qualifies as                             on use, repair, maintenance,
                                    patent protection)                             ―fundamental research‖                                 etc.) fundamental research
                                   Research results not proprietary               may be covered as long                                  Exported by an accredited
Not subject to control if          Ordinarily published and broadly shared in     as it is not exported                                     US university to an
created/conducted in US and         scientific community (EAR and probably         abroad and its ownership                                  accredited university,
can be released to anyone in        enough for ITAR but not decided)               is not transferred to                                     government research
US. Once so created, but not                                                       foreign national                                          center, government-
before, can be released to                                                                                                                   funded private research
anyone, anywhere.                                                                                                                            center in NATO, Major
                                                                                                                                             Non-NATO Ally,
                                                                                                                                             European Space Agency
                                                                                                                                             or European Union
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 Massachusetts Institute of Technology                    Export Controls (EAR/ITAR) and Embargoes (OFAC)                                     Jamie Lewis Keith, Senior Counsel
                                                                                                                                               Julie T. Norris, Director, OSP
Export to Foreign National in     Information, Instruction, Non-Encrypted   Equipment, Encrypted   Designed/Modified for     Scientific                        US Government
US or to Anyone Abroad            Software                                  Software               Military Use, Reason to   Research/Experimental             Funding Imposes
(Access, Transfer, Visual,                                                                         Know Use For/In           Satellites 22CFR121.1             Controls
Oral)                                                                                              Weapons Mass              (XV(a) or (e))
                                                                                                   Destruction
                                                                                                                               country and involves
                                                                                                                               nationals exclusively of
                                                                                                                               such countries
                                                                                                                              Equipment fabricated only
                                                                                                                               for fundamental research
                                                                                                                              Permanent exports of
                                                                                                                               Equipment incorporated
                                                                                                                               in platforms/system
                                                                                                                               launched into space only
                                                                                                                               from above countries
                                                                                                                              Defense
                                                                                                                               Services/Information
                                                                                                                               exclusively involved in
                                                                                                                               fundamental research
                                                                                                                               under aegis of accredited
                                                                                                                               US university, and limited
                                                                                                                               to information on
                                                                                                                               assembly of equipment
                                                                                                                               fabricated only for
                                                                                                                               fundamental research, or
                                                                                                                               integrating it in scientific,
                                                                                                                               research, or experimental
                                                                                                                               satellite. Does not involve
                                                                                                                               launch activities or
                                                                                                                               integration of satellite or
                                                                                                                               spacecraft to launch
                                                                                                                               vehicle or articles or
                                                                                                                               information on missile
                                                                                                                               technology control regime
                                                                                                                               annex.
                                                                                                                              Results published and
                                                                                                                               shared broadly in
                                                                                                                               scientific community
                                                                                                                              Publication not restricted
                                                                                                                              Not proprietary
                                                                                                                             No US government
                                                                                                                             restrictions




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 Massachusetts Institute of Technology                     Export Controls (EAR/ITAR) and Embargoes (OFAC)                                                   Jamie Lewis Keith, Senior Counsel
                                                                                                                                                              Julie T. Norris, Director, OSP
Export to Foreign National in     Information, Instruction, Non-Encrypted           Equipment, Encrypted           Designed/Modified for     Scientific                     US Government
US or to Anyone Abroad            Software                                          Software                       Military Use, Reason to   Research/Experimental          Funding Imposes
(Access, Transfer, Visual,                                                                                         Know Use For/In           Satellites 22CFR121.1          Controls
Oral)                                                                                                              Weapons Mass              (XV(a) or (e))
                                                                                                                   Destruction
EAR 99                            No license required if publicly available,        License may be needed if     No                        Not Applicable                 No
                                    including through course offered by                destination is country on
                                    university wherever located, and listed in         EAR entity chart or
License not usually required—       course catalogue, or teaching laboratory           OFAC embargoed
but recipient and country         License may be required if destination is           country or other US
exceptions.                         country with entity/person associated with         embargoed country or
                                    entity on EAR entity chart– 15 CFR 744,            end user on EAR-denied
Export                              Supp. 4 (China, India, Israel, Pakistan,           person list
documentation/procedure             Russia); OFAC embargoed country                  Otherwise, License Not
always apply.                       (Afghanistan, Unita, Cuba, Iran, Iraq,             Required
                                    Libya, N. Korea, former Republic of
                                    Yugoslavia, Balkans (Macedonia, S.
                                    Serbia, Montenegro, W. Balkans), Burma,
                                    Liberia, Sudan, Sierra Leone); other US
                                    embargoed country (Rwanda, Serbia,
                                    Kosovo, Montenegro, OFAC list); or end
                                    user on EAR ―denied person‖ list
                                    (http://www.bxa.doc.gov/DPL/Default./shtm).
                                  Otherwise, License Not Required.


On EAR CCL (other than             ITAR License won’t be granted if                 Same as Information           If yes, ITAR License     If yes, ITAR License          Specific controls apply
EAR 99)                              destination is, or foreign national (even in    See ―Publicly Available‖       Required --See            Required --See
                                     US) is from ITAR restricted countries             for CCL equipment only.       Information.              Information.
Full Analysis Required to            (Afghanistan, Armenia, Azerbaijan,              See ―Fundamental
Determine if License Required        Belarus, Cuba1, Iran1, Iraq1, Libya1, N.          Research‖ for CCL and
and Whether Presumed                 Korea1, Syria1, Vietnam, Burma*, China*,          USML equipment
Approved or Denied                   former Republic of Yugoslavia (Serbia             (possibly).
                                     and Montenegro), Haiti*, Liberia* ,
         Or                          Rwanda*, Somalia*, Sudan*1, or Zaire
                                     (Democratic Republic of Congo) *, and
On ITAR USML                         any UN Security Council arms
                                     embargoed country (Unita (Angola))
Will Need License—Full             EAR or ITAR License may be granted
Analysis Required of Whether         otherwise—case by case analysis
Presumed Approved or Denied

                                       * US Arms Embargoed Country
                                       1 State Department Terrorist Countries (T-7)

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posted:3/13/2010
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