Make sure youre in compliance with these regulations. On august 2018, congress enacted the export control reform act of 2018 ecra, which established a formal interagency process to identify and regulate emerging and foundational technologies that are deemed essential to the us national security and are not otherwise controlled for export purposes. This note provides an overview of the current uk export control regime. The power to control the export or transfer of technology by any means was included in the export control act 2002, which came into force on 1 may 2004. Rules, regulations, and laws related to export control are updated frequently. Guidance on export control legislation research services. Department of commerces bureau of industry and security bis under the export administration regulations the ear. Mccain national defense authorization act for fiscal year 2019, which included the export control reform act of 2018 ecra 50 u. Export control act 2002 is up to date with all changes known to be in force on or before 04 february 2020. Guidance on the transfer abroad of controlled military. Unl export control faqs research compliance services. For researchers at sio there are a number of thirdparty components or tools that may require export licenses under ear or itar depending on their capabilities or original design intent. Compliance with export control laws of the united states.
Government, that requires certain information security controls to safeguard or disseminate. An act to make provision enabling controls to be imposed on the exportation of goods, the transfer of technology, the provision of technical assistance overseas and activities connected with trade in controlled goods. If some software in a bundled package is authorized by the personal communications gls, but other software is not, the portion of the software falling outside the authorizations in the personal communications gls would need to be otherwise exempt or authorized or would require a specific license for export. Final guidance for industry and fda staff document issued on. List of mentions of the export control act 2002 in parliament in the period 1803 to 2005. Faculty, and in particular researchers, are responsible to familiarize themselves with the universitys export control policy and the circumstances under which export control laws and regulations might be triggered. Department of commerce export administration act reference g. Military export controls are the responsibility of individual member states.
Clicking the link on this page will open this resource to view on the legislation. Export control reform act of 2018 on august, 2018, the president signed into law the john s. Software export controls between the eu and the uk the. United technologies subsidiary pleads guilty to criminal. For complete classification of this act to the code, see short title note set out under section 2751 of title 22 and tables. Goddard space flight centers compliance with export laws. It provides order making powers to control the transfer of technology, the provision of technical assistance overseas and trade in military rated equipment between overseas countries. Revised legislation carried on this site may not be fully up to date.
Stanfords export controls decision tree, guidance from its export control officer, and materials found on stanfords doresearch export control pages doresearch. The act originated as a presidential proclamation by. Export administration regulations provided by the other party or b disclose such technical data for use in, or export or reexport directly or indirectly, any direct product of such technical data, including software, to any destination to. International emergency economic powers act, or the regulations that implement those statutes the itar and the ear.
The guidance below was developed by bureau of industry and security bis, the agency that regulates dualuse items and administers the export administration regulations ear to help the research community with the application of the fundamental research exclusion. Nov 02, 20 encryption and export control guidance on this document describes when encryption products are regulated under export controls, and what exceptions are available to persons exporting encryption equipment or software. Cybersurveillance export control reform in the united. It should not be relied upon exclusively nor should it be considered legal. The term controlled, with respect to an item, means the export, reexport, or transfer of the item is controlled under title i. Government creates or possesses, or that a nonfederal entity such as uva receives, possesses, or creates for, or on behalf of the u. There are changes that may be brought into force at a future date. The export control act 2002 sets out the legislative framework for the control of strategic goods and technology. Export control regulations require researchers to abide by strict rules governing the electronic transfer or shipment overseas or to foreign nationals within the united states of certain information, technologies, and commodities, with certain exclusions and exemptions exports are defined as the actual shipment or transmission of items out of the united states, andor the release or. Certain foreign students, postdocs, faculty, visiting scientists or training fellows can therefore.
Export control act 2002 2002 chapter 28 an act to make provision enabling controls to be imposed on the exportation of goods, the transfer of technology, the provision of technical assistance overseas and activities connected with trade in controlled goods. The export control act 2002 also gives powers to extend the controls. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the united states national security and nonproliferation objectives. Export control and sanctions guidance publications. Federal export control laws restrict the export of goods, technology, related technical data and certain services in the interest of protecting the national security and domestic economy. For complete classification of this act to the code, see. Export controls apply to university staff in the same way as any other organisation. Such controls have traditionally been temporary, and when. The export control act 2002 replaced the export control powers contained within the import, export and customs powers defence act 1939 on strategic export controls. Export controls laws and regulations research michigan. In the uk, this is primarily done through the export control act 2002 and the export control order 2008. Faqs export controls compliance office of research. The export control act of 1940 was one in a series of legislative efforts by the us government and initially the administration of president franklin d.
Nsdd 189 does not exempt any research, whether basic, fundamental, or applied, from statutes that apply to export controls such as the arms export control act, the export administration act of 1979, as amended, or the u. The act is the main uk legislation on export controls on military and dualuse goods. Introduction export control involves government regulation of cross border trade in certain types of goods, technology and information. Crs report for congress federation of american scientists. Practical guidance is offered for understanding the main categories of licence required for the export of strategic goods that is, military and dualuse goods and technology within and outside the european union.
The export control act 2002 introduced provisions which enables controls to be imposed on the exportation of goods, the transfer of technology, the provision of technical assistance overseas and activities connected with trade in controlled goods. The arms export control act, referred to in subsec. The bureau of industry and security bis is removing from the scope of items subject to the export administration regulations ear publicly available mass market encryption object code software with a symmetric key length greater than 64bits, and publicly available. The uk government introduced secondary legislation, which came into force at the same time as the act, consolidating the previous secondary legislation and imposing a new range of controls. Export control compliance manual northeastern university. The guidance below is to assist boston university faculty and employees when assessing activities to determine whether they are covered by export control license requirements. Pwc, a canadian subsidiary of the connecticutbased defense contractor united technologies corporation utc, today pleaded guilty to violating the arms export control act and making false statements in connection with its illegal export to china of u.
Export control guidance documents, templates and reports. This manual is meant to serve as a guide to provide basic information related to export controls. Encryption and export control guidance on this document describes when encryption products are regulated under export controls, and what exceptions are available to persons exporting encryption equipment or software. The term dualuse, with respect to an item, means the item has civilian applications and military, terrorism, or weapons of mass destructionrelated applications.
Contact export control if you have any planned shipment of these items so we can file the required export licenses which may take 6 weeks or longer to obtain. It is nasa policy to ensure that exports and transfers of commodities, technical data, or software to foreign persons are carried out in accordance with united states export control laws and regulations, and administration and nasa policy. Federal register expansion of export, reexport, and. Export controls federal export control regulations determine which materials, technologies, scientific equipment, software, and sensitive information can be transferred to certain identified countries, andor be accessed by citizens of those countries as they work in, or visit, our university. Whether by electronic download or through the physical transfer via cdrom or flash drive, the release of software may require an export control license from the u.
Among other things, the act also provides for a more transparent framework. May 18, 2018 export control regulations require researchers to abide by strict rules governing the electronic transfer or shipment overseas or to foreign nationals within the united states of certain information, technologies, and commodities, with certain exclusions and exemptions. General principles of software validation guidance for industry and fda staff january 2002. Compliance with export control laws of the united states please be advised that garmin products, technology, and software are subject to us export control and sanction laws, namely the export administration regulations ear enforced by u. Export regulators have placed the responsibility on universities to understand and comply with export controls. We performed the audit in response to language in public law 106391, nasa authorization act of 2000, october 30, 2000, which authorizes agency appropriations for fiscal years 20002002. Materials print or electronic version which includes technology, software, and information related to the design, production, testing, maintenance, operation, modification, or use or controlled items, tech equipment, confidential, unpublished, or proprietary information, data or items with. Controlled unclassified information cui is defined as federal nonclassified information that the u. The bureau of industry and security bis is removing from the scope of items subject to the export administration regulations ear publicly available mass market encryption object code software with a symmetric key length greater than 64bits, and publicly available encryption object. Export control act 2002 2002 chapter 28 contents section 1 export controls. The term uk person as used in the order, is defined in s. Changes to existing medical software policies resulting.
The president is authorized to issue regulations pursuant to the arms export control act 22 u. One of its goals is to extend export controls on armaments from physical goods to intangibles such as software. Federal register publicly available mass market encryption. The export control bill, which is presently before parliament the hansard report starts here and comes to the point here, has serious implications for academic freedom. Foreign corrupt practices act guidance on this document provides information on how to comply with the foreign. Mar 26, 2020 banner marking for specified authorities. January 11, 2002 this document supersedes the draft document, general principles of.
Export control act 2002 2002 chapter 28 contents section 1 export controls 2 transfer controls 3 technical assistance controls 4 trade controls 5 general restriction on control powers 6 exceptions from the general restriction 7 control powers. Sep 06, 2019 the term uk person as used in the order, is defined in s. The export control act 2002 was brought into force on 1 may 2004. Changes to existing medical software policies resulting from section 3060 of the 21st century cures act guidance for industry and food and drug administration staff september 2019. An article that provides additional information for researchers on the department of commerce on biological and biosafety items. International travel faqs what is subject to export control in relation to international travel.
Export control basics university of california, san diego. Controlled unclassified information export controls, uva. Both delivery methods can qualify as an export under the ear. May 18, 2018 researcher guidance for export control.
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