export controls marci copeland office of research export control administrator

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Export Controls Marci Copeland Office of Research Export Control Administrator

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Export Controls Marci Copeland Office of Research Export Control Administrator. Agenda Why is Awareness Important? What Are Export Controls? What Is Your Involvement? Tools Where Do You Go For Help?. Why is Awareness Important? - PowerPoint PPT Presentation

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Page 1: Export Controls Marci Copeland Office of Research Export Control Administrator

Export ControlsMarci Copeland

Office of ResearchExport Control Administrator

Page 2: Export Controls Marci Copeland Office of Research Export Control Administrator

Agenda• Why is Awareness Important? • What Are Export Controls? • What Is Your Involvement?• Tools• Where Do You Go For Help?

Page 3: Export Controls Marci Copeland Office of Research Export Control Administrator

Why is Awareness Important?

Maintain academic freedom of university environment including freedom from restrictions based on nationality.

Violations can result in administrative (fines) and criminal (jail time) penalties.

Page 4: Export Controls Marci Copeland Office of Research Export Control Administrator

What are export control regulations?

AGENCY: U.S. Department of State, Directorate of Defense Trade Controls (DDTC)Regulations: International Traffic in Arms Regulations (ITAR)

U.S. Munitions List (USML)

AGENCY: U.S. Department of Commerce, Bureau of Industry and Security (BIS)

Regulations: Export Administration Regulations (EAR) Commerce Control List (CCL) Denied Persons List Entity List

AGENCY: U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC)

Sanctions programs Specially Designated Nationals List

Page 5: Export Controls Marci Copeland Office of Research Export Control Administrator

AGENCY: U.S. Department of State, Directorate of Defense Trade Controls (DDTC)

Regulations: International Traffic in Arms Regulations (ITAR) U.S. Munitions List (USML)

• Firearms• Artillery Projectors• Ammunition• Launch Vehicles, etc...• Explosives, Propellants, Incendiary

Agents and Their Constituents • Vessels of War and Special Naval

Equipment• Tanks and Military Vehicles• Aircraft and Associated Equipment• Military Training Equipment• Protective Personnel Equipment

• Military Electronics• Fire Control, Range Finder, Optical and Guidance

and Control Equipment

• Auxiliary Military Equipment• Toxicological Agents and Equipment and

Radiological Equipment• Spacecraft Systems and Associated Equipment• Nuclear Weapons Design and Related Equipment• Classified Articles, Technical Data and Defense

Services Not Otherwise Enumerated• Submersible Vessels, Oceanographic and

Associated Equipment

Page 6: Export Controls Marci Copeland Office of Research Export Control Administrator

AGENCY: U.S. Department of Commerce, Bureau of Industry and Security (BIS)

Regulations: Export Administration Regulations (EAR) Commerce Control List (CCL)

0 - Nuclear Materials, Facilities and Equipment and Misc.

1 - Materials, Chemicals, Microorganisms and Toxins

2 - Materials Processing

3 - Electronics

4 – Computers

5 - Telecommunications and Information Security

6 - Lasers and Sensors

7 - Navigation and Avionics

8 - Marine

9 - Propulsion Systems, Space Vehicles and Related Equipment

Page 7: Export Controls Marci Copeland Office of Research Export Control Administrator

AGENCY: U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC)

Sanctions programs Specially Designated Nationals List

* Cuba, Iran, North Korea, Sudan, Syria

Page 8: Export Controls Marci Copeland Office of Research Export Control Administrator

Publish Share broadly

The Fundamental Research Exclusion (FRE)Fundamental research is "basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. Government access and dissemination controls."

Page 9: Export Controls Marci Copeland Office of Research Export Control Administrator

What Does the FRE Cover?(

Export of items

Export of technology & technical data

Deemed Exports

Fundamental Research Exclusion

(FRE)

Travel to and work involving sanctioned

countries• Mass Spectrometers

• Chromatography equip.

• Infrasound sensors

• Oscilloscopes

Cuba, Iran, North Korea, Sudan, Syria

End-Use & End-User Restrictions (EAR/ITAR)

Page 10: Export Controls Marci Copeland Office of Research Export Control Administrator

AA Form Questions

Questions should be presented to and answered by the PI.

Proposals with “yes” to any of these questions are automatically flagged for export control review at the award stage.

Page 11: Export Controls Marci Copeland Office of Research Export Control Administrator

New H1-B visa application requirement

effective 02/20/2011Check Box 1 or Box 2 as appropriate:With respect to the technology or technical data the petitioner will release or

otherwise provide access to the beneficiary, the petitioner certifies that it has reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) and has determined that:

A license is not required from either U.S. Department of Commerce or the U.S. Department of State to release such technology or technical data to the foreign person; or

A license is required from the U.S. Department of Commerce and/or the U.S. Department of State to release such technology or technical data to the beneficiary and the petitioner will prevent access to the controlled technology or technical data by the beneficiary until and unless the petitioner has received the required license or other authorization to release it to the beneficiary.

Page 12: Export Controls Marci Copeland Office of Research Export Control Administrator

New H1-B visa application requirement

effective 02/20/2011

Page 13: Export Controls Marci Copeland Office of Research Export Control Administrator

New H1-B visa application requirement

effective 02/20/2011

Page 14: Export Controls Marci Copeland Office of Research Export Control Administrator

Export Control Tools

Policy/Guidelineshttp://www.policies.uci.edu/adm/procs/400/480-20.html

Decision Treehttp://apps.research.uci.edu/ecdt/

OR Export Control [email protected]

Page 15: Export Controls Marci Copeland Office of Research Export Control Administrator

Export Control Resources

OR export control websitehttp://www.research.uci.edu/ora/exportcontrol/

BIS online traininghttp://www.bis.doc.gov/seminarsandtraining/seminar-training.htm

Page 16: Export Controls Marci Copeland Office of Research Export Control Administrator

Where to go for help?

Compliance and licensing issuesMarci CopelandExport Control AdministratorE-mail: [email protected]

Questions related to sponsored researchBen HolsteinPrincipal Contract and Grant OfficerE-mail: [email protected]

Matters related to educational activities CubaPadona Yeung (510) [email protected]