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

Export Controls: ITAR – License Needed? Review for Military Subject Matter and/or Military Application

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

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.

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

Export Controls: Export Administration Regulations Commercial nonmilitary sales to foreign corporation or foreign government. Ten General Prohibitions Commerce Control List (CCL) Denied Persons List

Export Controls: Not Subject to EAR Public Domain Controlled by other laws EAR 99

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)

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

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.

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.

Export Controls: When Applicable Does not qualify under EAR99 No License Exception

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.

Export Control: Foreign National Deemed export rule does not apply if: Green Card U.S. Citizenship Political Asylum

Export Controls: Web Sites www.pmdtc.org www.bxa.fedworld.gov