2,654
edits
Export Control: Difference between revisions
no edit summary
No edit summary |
No edit summary |
||
| Line 58: | Line 58: | ||
Faculty, staff, students and affiliates of the University of Nebraska Medical Center will comply with all applicable federal regulations that apply to the export of equipment and technology developed or used in the course of research. | Faculty, staff, students and affiliates of the University of Nebraska Medical Center will comply with all applicable federal regulations that apply to the export of equipment and technology developed or used in the course of research. | ||
== Applicable Federal Regulations == | == Applicable Federal Regulations == | ||
The export control regulations summarized here each impose severe monetary and criminal penalties for failure to comply with their requirements.<br /> | |||
<br /> | |||
=== U.S. Department of State - International Traffic in Arms Regulations (ITAR) 22 CFR 120-130 === | === U.S. Department of State - International Traffic in Arms Regulations (ITAR) 22 CFR 120-130 === | ||
The U.S. Department of State, Directorate of Defense Trade Controls (DDTC), is responsible for items and information inherently military in design, purpose, or use. Referred to as "defense articles," such items are found on the U.S. Munitions List (USML), 22 CFR 121. Spacecraft and satellites, even if not for military use, are on the USML, along with their associated systems and related equipment. Information related to defense articles is referred to as "technical data." | The U.S. Department of State, Directorate of Defense Trade Controls (DDTC), is responsible for items and information inherently military in design, purpose, or use. Referred to as "defense articles," such items are found on the U.S. Munitions List (USML), 22 CFR 121. Spacecraft and satellites, even if not for military use, are on the USML, along with their associated systems and related equipment. Information related to defense articles is referred to as "technical data." | ||
=== U.S. Department of Commerce - Export Administration Regulations (EAR) 15 CFR 700-799 === | === U.S. Department of Commerce - Export Administration Regulations (EAR) 15 CFR 700-799 === | ||
The U.S. Department of Commerce, Bureau of Industry and Security (BIS), has export jurisdiction over | The U.S. Department of Commerce, Bureau of Industry and Security (BIS), has export jurisdiction over everything in the United States, although BIS does not require a license for every export. BIS controls goods and information having both civilian and military uses by including them on the Export Administration Regulations (EAR) Commerce Control List (CCL), 15 CFR 774, also known as the "Dual Use List." BIS uses the term "technology" when referring to information about the goods on the CCL. | ||
=== U.S. Department of the Treasury - Office of Foreign Assets Control (OFAC) CFR 500-599 === | === U.S. Department of the Treasury - Office of Foreign Assets Control (OFAC) CFR 500-599 === | ||
The U.S. Department of the Treasury oversees U.S. economic sanctions and embargoes through its Office of Foreign Assets Control (OFAC). Empowered by the Trading with the Enemy Act and the International Emergency Economic Powers Act, OFAC enforces trade, anti-terrorism, narcotics, human rights and other national security and foreign policy based sanctions prohibiting the provision of anything of value, either tangible or intangible, to sanctioned countries, organizations or individuals. The pertinent regulations provide OFAC with broad authority to block or interdict vaguely defined "prohibited transactions" involving restricted destinations or parties. | The U.S. Department of the Treasury oversees U.S. economic sanctions and embargoes through its Office of Foreign Assets Control (OFAC). Empowered by the Trading with the Enemy Act and the International Emergency Economic Powers Act, OFAC enforces trade, anti-terrorism, narcotics, human rights and other national security and foreign policy based sanctions prohibiting the provision of anything of value, either tangible or intangible, to sanctioned countries, organizations or individuals. The pertinent regulations provide OFAC with broad authority to block or interdict vaguely defined "prohibited transactions" involving restricted destinations or parties. | ||
== Export Licenses for Overseas Shipments == | == Export Licenses for Overseas Shipments == | ||
The U.S. Department of Commerce has export jurisdiction over all goods and all "technology" or information in the United States, unless some other agency has expressly been given such authority. However, this does not mean that a license must be obtained before any item or piece of information can be shipped. An [http://wiki.unmc.edu/images/c/c2/Export_Control_Decision_Tree.pdf Export Control Decision Tree] is available to assist in determining the applicability of export control regulations in the case of shipments of tangible items or transfers or transmission of software code or information outside U.S. borders. | The U.S. Department of Commerce has export jurisdiction over all goods and all "technology" or information in the United States, unless some other agency has expressly been given such authority. However, this does not mean that a license must be obtained before any item or piece of information can be shipped. An [http://wiki.unmc.edu/images/c/c2/Export_Control_Decision_Tree.pdf Export Control Decision Tree] is available to assist in determining the applicability of export control regulations in the case of shipments of tangible items or transfers or transmission of software code or information outside U.S. borders. | ||
| Line 91: | Line 91: | ||
<br /> | <br /> | ||
<br /> | <br /> | ||
For additional information concerning the applicability of the export control regulations to any specific set of facts should be directed to the [http://mailto:jtencer@unmc.edu UNMC Export Control Officer] (402-559-5403) | For additional information concerning the applicability of the export control regulations to any specific set of facts should be directed to the [http://mailto:jtencer@unmc.edu UNMC Export Control Officer] (402-559-5403). Inquiries may also be addressed to the ITAR Empowered Official/[http://mailto:swrobel@unmc,edu Chief Compliance Officer] (402-559-6767). | ||
<br /> | <br /> | ||
<br /> | <br /> | ||