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Export control laws apply to ALL activities not just sponsored research projects.
What Is An Export?
Physical shipment of goods or items; Electronic or digital transmission of goods or items; Release of specific technical data to any foreign national; Access by a foreign national of any covered technology.
International Traffic in Arms Regulations (ITAR) 22 C.F.R. Parts 120-130 U.S. Munitions List
OFAC Restrictions
OFAC prohibits the transfer of anything of value and the provision of services to countries subject to U.S. sanction programs, boycotts, etc. without a license. Sanctions are complicated and vary across countries. Examples: conducting surveys and interviews in boycotted countries; providing marketing and business services to persons in boycotted countries. Once, even editing by US citizen of a technical article originating in an embargoed country was deemed a violation (IEEE example)
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Deemed Exports
Export controls cover transfers of goods and technology within the U.S. to a foreign national who is not a U.S. citizen or permanent resident (green card holder); Applies to technology transfers under the EAR and ITARs technical data and defense services; Applies to research assistants, students, visiting foreign researchers, or even faculty who do not yet have green cards.
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*Under the ITAR, the Fundamental Research Exclusion is a subset of the Public Domain Exclusion
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This includes side deals that may be made outside the terms of the award.
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Issued proposed regulation which provided that any one of the following would qualify as use of controlled equipment which would require a license: Operation Installation Maintenance Repair Overhaul or 23 Refurbishing
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The DEAC was appointed to review current deemed export policy and ensure it continues to protect the national security of the United States while promoting continued leadership in technological innovation by U.S. academic institutions and industry.
The report concluded that the current deemed export policy and regulations no longer effectively served their intended purposes and proposed a new deemed export licensing process that the committee believed will enhance both national security and economic competitiveness. Recommendations: higher walls around fewer items; annual sunset review of controlled items on the list; establish Trusted Entities and a streamlined licensing process.
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