Export Control at Jefferson Expanding our Global Opportunities
History: 1775~Continental Congress outlawed exportation of goods to Great Britain 1917~Trading With the Enemy Act- cut off trade with North Korea and China 1949~Export Control Act- protect domestic economy from postwar scarcity 1977~International Emergency Economic Powers Act- implement embargos 1991~President’s Enhanced Economic Powers Act- emphasis on end use and end user 2001~Patriot Act- Post 9/11
Goals of Export Control Laws *Prevent Terrorism *Curtail export of technologies that assist the military potential of adversaries *Compliance with Trade Agreements *Prevent development of nuclear, chemical and biological weapons Export Control Laws and USA
WHAT ARE EXPORT CONTROLS? United States laws that regulate the transfer of: Physical transfers of items outside the U.S. Electronic transfer (disks, RAM sticks, etc.) of software or technical data outside the U.S. Release or disclosure of software or technical data to any foreign person by e-mail, Internet, phone/fax, in-person (oral communication), or visual inspection Application of controlled data outside the U.S. Example: Toxicological agents, including chemical and biological agents, and associated equipment
Partnership in Export Control Export Control Team ORA JCRI RACE Faculty/ Researchers Academic Programs/ Students Biosafety Procurement Supply Chain Shipping Material Managers Campus Security Office of International Affairs Human Resources Innovation Tech Transfer IS&T/ Cyber & HIPAA Security General Counsel & Privacy Compliance
Who is regulating Export Control? Federal Agencies with oversight of Export Control Laws Department of Commerce (EAR) Export Administration Regulations technologies with “dual uses” but primarily commercial Department of the Treasury (OFAC) Office of Foreign Assets Control prohibits transactions of value with certain countries and individuals (**Sanctioned Countries: Iran, N.Korea, Sudan, Syria, Crimea, Cuba-still) Department of State (ITAR) International Traffic in Arms Regulations technologies with inherently military properties
Export Control Decision Tree
Your Research Project Might Need an Export License Contact Niki.Weiss@Jefferson.edu
Export Violations within American Universities (March 18, 2014) University of Michigan Medical Researcher “Prosecuted for Sending Medical Device to Iran” (May 03, 2013) University of Massachusetts at Lowell “Charged for violating export control laws in connection with the export of an atmospheric testing device and related equipment” (February 01, 2012) Former University of Tennessee Professor “Serving Four-Year Prison Sentence on Convictions of Illegally Exporting Military Research Data” http://www.hawaii.edu/research/violations/
“Temple professor accused of sharing sensitive technology with China” CBS/AP May 22, 2015, 10:19 AM 60 Minutes Segment-May 15, 2016 Online_The Wall Street Journal Sept. 11, 2015 “U.S. Drops Charges That Temple University Professor Sought to Give Tech Secrets to China The Justice Department on Friday moved to drop wire fraud charges against Temple University professor Xiaoxing Xi, marking a setback in efforts by the FBI and the Obama administration to counter what they say is a growing problem of economic espionage”