Applicable Export Control Laws and Regulations

2. Apply the table by country. Once it has been determined that an article meets the criteria of a particular ECCN, the user should refer to the table of countries in 15 C.F.R. § 738, Supp. 1. If the respective control applies to that country, a license is required. For example, Iran has an “X” in column AT 1, so a licence would be required unless an exception has been applied. At Michigan Tech, the Technology Control Plan (TCP) is used to control the dissemination of export-controlled information (EC) and other controlled nonclassified information (CUI) that can be used when carrying out Michigan Tech projects. • The U.S. Department of Commerce`s Bureau of Industry and Security (BIS) administers the Export Administration Regulations (EAR), which govern the export of commercial and dual-use goods, software, and technology, including hardware and software containing certain encryption algorithms. BIS also controls certain defence-related items, including certain parts and components for military aircraft and other military end-use applications. “Export” is defined not only as a physical transfer/disclosure of an item outside the United States, but also as a transfer/disclosure in any form of controlled item or information in the United States to any person who is a foreign national (not a U.S.

citizen or permanent resident). This is called a “deemed export” rule. Accordingly, unless an exclusion or exception is available, the university may be required to obtain prior state approval (in the form of an export license) before allowing the participation of foreign faculties, staff or students in the relevant research. In some cases, depending on the country, a license may not be available at all. For reasons of national security and foreign policy, the United States has maintained comprehensive controls and sanctions for the export and re-export of goods and technology from the United States to all destinations around the world. The legal authority for these controls is authorized by various laws and is administered by several different government agencies, depending on the type of goods to be exported or the country of final destination. Each managing authority shall maintain its own rules. Below is a summary of the major U.S. government agencies that govern the export and re-export of products from the United States and related transactions subject to U.S. jurisdiction: Before exporting, you must determine whether your product, technology, or service may require an export permit.

The following video provides an overview of the Export Administration Regulations (EAR) as managed by the U.S. Department of Commerce`s Bureau of Industry and Security, as well as the role of the United States. The Department of State`s Defense Trade Control Directorate and the U.S. Department of the Treasury`s Office of Foreign Assets Control on export licensing. In general, all items originating in the United States or physically located in the United States are subject to the AEOI. The AEOI includes restrictions on the re-export of goods and technology from the United States, as well as on direct exports from the United States. Foreign manufactured goods are generally exempt from the re-export requirements of the AEOI if they contain less of a depreciation of the US wage. • Research is funded by the U.S.

government and is subject to specific access (e.g., restricting the work of foreigners) and dissemination controls. (c) Nothing in the terms of this Agreement supplements, modifies, replaces, or waives the requirements of applicable federal laws, executive orders, and regulations, including, but not limited to – • United States The Department of State`s Defense Trade Control Directorate (DDTC) administers the International Traffic and Arms Regulations (ITAR), which govern the export of defence items, defence services and technical data controlled by itar. Federal export control laws restrict the export of goods, technology, related technical data and certain services in the interest of protecting national security and the national economy. These laws have been around for many years, but the events of 9/11 have raised concerns about national security and a stricter interpretation and enforcement of export control laws and regulations by the federal government. Export control laws are in place to protect U.S. national security, foreign policy, and economic interests without imposing excessive regulatory burdens on legitimate international trade. An export control license is the U.S. government`s mechanism for enabling and tracking the transfer of export-controlled technology. Licence applications must be submitted to the competent federal authority. The exception for basic research does not extend to the for-profit sector, which could attempt to impose export controls on a university as a subcontractor, since the prime contractor must accept the controls. (9) Regulations administered by the Treasury Department`s Office of Foreign Assets Control (31 CFR Parts 500 to 598).

These laws protect U.S. national security and foreign policy interests, prevent terrorism and the proliferation of weapons of mass destruction, and maintain U.S. economic competitiveness. The U.S. Department of the Treasury, through its Office of Foreign Assets Control (OFAC), enforces U.S. embargo and sanctions programs that may restrict transactions with certain countries, regardless of whether the exported technology is controlled under ITAR or AEOI. Researchers at Michigan Technological University are involved in the research in the United States and abroad. These activities include the sharing and development of products, goods, hardware, software or materials, as well as research related to technologies that may be subject to U.S. export control laws and regulations. It is the policy of the University to comply with all applicable laws and regulations. This statement summarizes the key provisions of export control laws and regulations and explains how the university will help researchers comply with these complex requirements. The Department of Commerce`s Bureau of Industry and Security (BIS) regulates the export of commercial products and technologies under the AEOI.

Items, information and software that are not subject to ITAR control and are not excluded are covered by the AEOI. However, unlike ITAR, the AEOI does not control services. In addition to research with military or dual-use items and technical information, export control regulations can affect research activities, including: For example, a university catalog course is not subject to export controls (and foreign students can participate), even if the technology is listed in the CDC or if the course contains unpublished results of laboratory research, as long as the university does not have separate obligations regarding Publication or Dissemination. However, these exclusions may be lost if researchers sign sub-agreements (including material transfer and non-disclosure agreements) that include publication restrictions or restrictions on who may participate in the research.