1 - RAP-11/17/08 Export Compliance Laws JPL has required annual Export Compliance Training for all employees Main legal regulations on which training is based International Traffic in Arms Regulations (ITAR) - controls technical data and know-how Export Administration Regulations (EAR) - controls commercial or dual-use items (Covers mainly computing/software technology- requires license or exemption)

2 - RAP-11/17/08 ITAR Regulations ITAR rules Involve both international collaboration and foreign employees Include items that could have military use (not all items require a license) Cover export of hardware, release of technical data, and transfer of technical assistance to a foreign person Include oral, written, electronic or visual communication Fundamental research and information in the public domain is not subject to ITAR Providing specific references to, or interpretation of, information in the public domain is considered technical assistance Foreign person definition Does not include green card holder or any business entity or group incorporated in U.S. Does include foreign business entities and groups not incorporated in U.S., foreign governments, or anyone representing a foreign entity

3 - RAP-11/17/08 Export Laws - Bottom Line ITAR/EAR regulations are a pain, but manageable Do cause increase to project costs and bureaucracy Transfer of technical items, data, or assistance requires approved “export authority” Most major JPL projects involve foreign collaboration Many foreign nationals work at JPL Although JPL and industry pay closer attention to the rules, universities are not exempt Professors and students have been prosecuted Stay tuned - regulations may change Industry lobbying Congress Recent government study concludes regulations have adverse affect on U.S. security

4 - RAP-11/17/08 Draft PrepSKA IP Principles - from Peter Dewdney Key subsystems SKA project must have unrestricted access to IP, especially components that do not have a variety of commercial substitutes Need detailed understanding of their performance and cost, and design tradeoffs - only possible if SKA owns design(s), including copyright of drawings and documents Key production technology The same principle as above could apply Otherwise need adjustments to project’s risk register and cost contingencies R&D and/or design contracts SKA project should have unfettered access to foreground IP produced If necessary for construction, should attempt to acquire rights to background IP Access to IP will enable “build-to-print” contracts Allow predictability, fixed price contracts, and procurement flexibility SPDO or successor will have to be legal entity to let contracts or own IP