2 Export Controls: General Overview International Traffic in Arms Regulations State Department...
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Transcript of 2 Export Controls: General Overview International Traffic in Arms Regulations State Department...
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Export Controls:
General Overview International
Traffic in Arms Regulations
State Department Office of Defense Trade Control
Military Application
Export Administration Regulations
Commerce Department Bureau of Export Administration
Commercial Application
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Export Controls:
ITAR – License Needed?
Review for Military Subject Matter and/or Military Application
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Export Controls:
What is an export?
Any shipment, transfer or transmission by any means of any: Commodity (equipment, hardware or
material) Technology (technical data or
assistance) Software
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Export Controls:
No License Required Public Domain- information that is in the
public domain is not subject to export control. Includes information which is published and generally accessible to the public.
Ex. - Information that concerns general scientific, mathematical or engineering principles commonly taught in Universities.
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Export Controls:
Types of Approvals Technical
Assistance Agreement (TAA)
Provision of training or services involving multiple interchange
Required language
Submitted unsigned
License DSP-5 Unclassified DSP - 85 Classified
One time
Permanent export
Valid up to 4 years
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Export Controls:
Export Administration Regulations
Commercial nonmilitary sales to foreign corporation or foreign government.
Ten General Prohibitions Commerce Control List (CCL) Denied Persons List
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Export Controls:
Public Domain
Publicly Available Information
Including data, technology, software which is educational, previously published, included in patent application, results of fundamental research (no restrictions on publication)
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Export Controls:
License Required Review SOW determine scope of project CCL Category ECCN Cross check Country Chart No Exceptions Encryption Controls (software) Denied Persons List or Prohibited
Destination
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Export Controls:
Deemed Export An export of technology or source
code is “Deemed” to take place when released to a foreign national within the U.S.
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Export Controls:
Release
Release is making technology or software available to foreign nationals, visually orally or by practice or application under guidance of persons with knowledge of the technology.
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Export Controls:
License Required
License is required when intent is to transfer controlled technology to foreign nationals in the U.S. and a license would be required if the foreign nationals home country would require a license.
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Export Control:
Foreign National
Deemed export rule does not apply if: Green Card U.S. Citizenship Political Asylum