Based upon a products, eccn, certain restrictions are imposed based upon the type of product and the country to which it is being shipped. Export control commodity number a key in determining whether an export license is needed from the department of commerce under the ear is finding out if the item you intend to export has a specific export control classification number eccn. Jul 05, 2018 the federal government recognizes the importance of academic freedom and the necessity of sharing research results, which is why certain export control exclusions and exemptions were implemented for qualified research conducted at accredited u. What kinds of projects raise export control questions. Export control guide office of research and economic. Engaging in a sponsored project where the research results must be approved by the sponsor prior to publication. Introduction to export control compliance selfguided training. The manual is intended to be a resource for faculty, staff and students whose work on campus involves responsibility for export controlled technology. Frequently asked questions about export control compliance ucop. This will without doubt be one of the biggest worries among many when it comes to subjecting surveillance systems to export control. Governments ofac restrictions prohibit the export, by any means, of certain articles used for professional purposes.
Sharing proprietary or otherwise restricted information, technology or software with a foreign national. Is your software a defense article law firm of miller. Strong encryption export controls stanford university. Since world war ii, many governments, including the u. The following activities may be subject to export control regulations, and can occur at any time during your research. This exclusion does not apply to encrypted software, to information if there is reason to believe it may be used for weapons of mass destruction, or where the u. Department of commerce export administration act reference g and export. The united states also participates in various multilateral export control regimes to prevent the proliferation of weapons of mass destruction and prevent destabilizing accumulations of conventional weapons and related material. The us will impose new restrictions on the export of certain ai programs to china, the latest development in the countries ongoing competition for tech. Export controls and international travel cornell research. It is the travelers responsibility to ensure that their electronic devices and presentations do not contain any exportcontrolled technical data or other exportcontrolled information.
Such controls have traditionally been temporary, and when. Orspotc will coordinate with the researcher on the development and implementation of an export technology control plan tcp to help manage the process in the following. But export control laws could apply if the research is not considered fundamental research, or if the research has restrictions on publication, foreign national participation, or restricted access todisclosure of research. The release of software may require an export control license from the u. Such export control clauses seek to have licensees contractually. Sep 01, 2016 export controls for software companies what you need to know many u. Nov 29, 20 us software vendorslicensors typically seek to incorporate an export control clause into their software licence agreements.
Individual cases should be addressed with mit export control early and often. Understanding export and import restrictions international. Basic and applied research in science and engineering performed by institutions of higher education in the u. This eccn appears to cover general software exports. Export control laws overview export control laws refers to laws and regulations that prohibit or restrict the unlicensed export of certain goods and technologies e. Examples include specification sheets and technical diagrams required for manufacture. The us will impose new restrictions on the export of certain ai programs to china, the latest development in the countries ongoing. Vpn software provided by it has export control restrictions that you are personally responsible for. The united states government has the statutory right to regulate the export of certain controlled classes of products. Many of the teaching and research activities at njit are excluded from the export control regulations through the fundamental research exception, provided that there are no restrictions on publication or exclusions on who may participate.
Laboratory workers must consult their export liaison or the export control department on whether a license, license exception or exemption, or authorization is required for any proposed export or transfer of controlled technical data or software to a foreign destination or person, and if so, obtain the required approval. Ear99 is the catchall designation for export controlled technology which is not specifically identified on any u. Export control and economic sanctions policy policies. These are the commerce departments dualuse controls under title 15 cfr 700799 governing hardware, materials, equipment, software, technology and technical data that commerce defines as dual use i. Export controls for software companies what you need to. Companies are migrating to software asaservice saas offerings in areas such as workforce automation, email and office productivity suites. This allows for the fundamental research exclusion, which means the research results are exempt from export control laws. How do the export control regulations affect people in nonscientific areas. Export controls compliance appalachian state university.
The federal government recognizes the importance of academic freedom and the necessity of sharing research results, which is why certain export control exclusions and exemptions were implemented for qualified research conducted at accredited u. For the purposes of encryption, the following three. Only after receiving an email confirmation from the eco may the researcher upload the code onto a publicly available. The manual is intended to be a resource for faculty, staff and students whose work on campus involves responsibility for. This type of export control clause broadly finds its basis in the us department of commerces export administration regulations ear and the. With the rapid development of the technology sectors in many lowcost countries, more and more u. The export controls software from aeb keeps you in compliance with all export regulations across. The us will impose new restrictions on the export of certain ai programs to china, the latest development in the countries ongoing competition for tech supremacy. The law gradually became eased until around 2000, but some restrictions still remain today. Source code is generally understood to mean programming statements that are.
Make use of the materials available on lsus export control website. The united states imposes export controls to protect national security interests and promote foreign policy objectives. Sep 06, 2019 guide to licensing requirements and restrictions for trade control and the export of controlled military goods, software and technology. Faqs export controls compliance office of research. In 20, the wassenaar arrangement included new controls for the control of high end intrusion software tools. Defence strongly supports these controls, and regulates their export or supply to prevent proliferation. Fundamental research is research in science, engineering, or mathematics, the.
Stony brook university created software and encryption introduction this guidance addresses export control compliance pertaining to the publication and commercialization of software including, but not limited to, any research or. It is not intended to be your sole resource for export control expertise export control compliance is often complicated and requires the judgment of the export control officer eco. Jan 05, 2020 the us will impose new restrictions on the export of certain ai programs to china, the latest development in the countries ongoing competition for tech supremacy. Tightened restrictions on technology transfer under the. Export control regulations summary export control regulations summary export control regulations summary.
Export of computer software and hardware a general primer. Understanding export and import restrictions export control laws overview. Links below open the individual sections of the commerce control list. The working group examined how existing multilateral export control regimes and u. Venable llp earlier this year, the wall street journal noted a growing trend among u. Assistance with export controlled data requires special procedures from the it helpdesk. The international traffic in arms regulations, or itar, control the export of software classified as a defense article. Stanford researchers must email the university export control officer eco with the internet location or url of the earcontrolled strong encryption software before making the software publicly available regardless of medium. Lists of export controlled items, information and software. Eccns are five character alphanumeric designations used on the commerce control list ccl to identify dualuse items for export control purposes.
The office of research can help you identify cases in which your projects would be exempt or potentially subject to u. Acceptingoverlooking the following clauses negate the fundamental research exemption and may subject rutgers to export control restrictions. Us software vendorslicensors typically seek to incorporate an export control clause into their software licence agreements. Export controls on transferring technology, commodities.
Export of cryptographic technology and devices from the united states was severely restricted by u. The export control risks of uschina technology collaboration. For guidance on traveling with a device containing controlled data, please consult with export control. The ear and itar each provide lists that identify specific items that are subject to export control restrictions. Export of cryptography from the united states wikipedia. This university of michigan export control program manual manual describes the university of michigans university or um export control program.
The export administration act of 1979 authorized the president to regulate exports of civilian goods and technologies equipment, materials, software, and technology, including data and knowhow that have military applications dualuse items. Department of commerces bureau of industry and security bis. Export controls for software companies what you need to know. If negotiations are unsuccessful, the chief research officer and the provost will determine whether the university will apply for an export control license, or conduct the research under export control restrictions, or abandon the research effort entirely. The parties acknowledge that any products, software, and technical information including, but not limited to, services and training provided by either party under this contract are or may be subject to export laws and regulations of the united states and the destination countryies and any use or transfer of such products, software and technical information must be. For more information on export controls at isu, see the export controls policy and the export control compliance plan. Both delivery methods can qualify as an export under the ear. This regulation is performed by the requirement to obtain a license prior to the shipment of certain types of goods. Information that is published and generally available to the public, as well as publicly available technology and software, is outside the scope of the export control regulations. Because of this, your application may be subject to us export laws, including an arcane labyrinth of rules about software that uses encryption among other things. Ear99 is the lowest level and classification of export control. Us announces ai software export restrictions the verge. Ear99 is applied to lowrisk technology that does not merit a specific control list number, but merits control.
Department of the treasurys office of foreign assets control ofac administers countryspecific economic and trade sanctions that often include restrictions on most or all transactions with and exports to targeted countries and persons. Cordelia martin and mark brannan international business development. Export controls laws and regulations research michigan. The terms software, source code, and object code are separately defined terms under the ear. 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. Export controls and open source software new america. Stony brook university created software and encryption introduction this guidance addresses export control compliance pertaining to the publication and commercialization of software including, but not limited to, any research or scientificpurposed software or cryptographic. Export controls and embargos office of research development starkweather hall, 2nd floor general overview of export controls and embargoes introduction export control laws are federal laws enforced by both the department of commerce export administration regulations, ear and the department of state international traffic in arms. The export control joint unit ecju administers the uks system of export controls and licensing for military and dualuse items.
Published information and software that is generally accessible to the interested public is not subject to export controls unless it is used in the provision of a. Export controls on transferring technology, commodities and. Dec 16, 2015 this allows for the fundamental research exclusion, which means the research results are exempt from export control laws. While the cryptowars as we understood them then may be over, the threat that export controls represent to the development and exchange of free and open source software continues to be a very real concern.
Before arranging for items to be shipped or conveyed electronically or otherwise outside the u. Iowa state university is committed to complying with export control laws and has directed the office of research integrity to oversee and administrate isus export control program. When leaving the country, everything taken is an export, including devices, software, and data. This article was originally published in the january 2015 issue of national defense, the national defense industrial associations business and technology magazine, under the title, know when software falls under export control regime. Export controls on the supply and export of such tools is very important considering the damage these tools can cause. Oct 01, 2012 examples include specification sheets and technical diagrams required for manufacture. Guide to licensing requirements and restrictions for trade control and the export of controlled military goods, software and technology.
Discuss howwhy research becomes export restricted and what that means to a project iii. Even the reliance on usorigin, exportcontrolled software or technology for manufacturing in china may result in the end item also becoming subject to us export control laws. Any research activity may be subject to export controls if it involves the actual export or deemed export of any goods, technology, or related technical data that is either 1 dual use commercial in nature with possible military application or 2 inherently military in nature. Published by the us commerce department in its export administration regulations ear, the commerce control list addresses dual use items, information and software that are primarily commercial in nature but also have potential military applications. Provide a brief introduction to export controls ii. Do make use of the uc berkeley export controls decision tree to determine whether an.
Export control clauses in software agreements lexology. Even the reliance on usorigin, export controlled software or technology for manufacturing in china may result in the end item also becoming subject to us export control laws. Frequently asked questions on export control scenarios. Department of commerces bureau of industry and security bis under the export administration regulations the ear.
Ecju is part of the department for international trade. Export controls dos and donts research uc berkeley. An eccn categorizes items based on the nature of the product, i. Departments of commerce and state each play a role in enforcing complex sets of export control. Discuss university systems and processes in place to help track and manage export restricted research iv. Software delivery has evolved from a physically transferred product to a product now most often disseminated through electronic. Export controls for software companies what you need to know many u.
There are three areas in particular that give rise to most export control issues in the university setting. If a line of table that corresponds to the country contains an x in the reason for control column, the export of a controlled item requires a license, unless an exception can be applied. Export controls are implemented through five regulatory regimes, as follows. Stanfords export controls decision tree, guidance from its export control officer, and materials found on stanfords doresearch export control pages doresearch.
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