Export control laws and regulations control the conditions under which certain items can be transmitted or shipped internationally to anyone including u. International collaborations and export controls policy usc. Export controls usually arise for one or more of the following reasons. Butthe softwarerelated regulations are sometimes different. Export controls are federal laws that regulate the export of sensitive technologies, equipment, software, biological agents and related data and services. Export control regulations are federal laws that prohibit the unlicensed export of certain commodities or information for reasons of national security or protections of trade. To ensure compliance, consult the office of sponsored programs, export compliance. Frequently asked questions about export control compliance ucop. The export controls software from aeb keeps you in compliance with all export regulations worldwide, using smart automation to optimize and secure your. Export controlled or sanctioned countries, entities and. The export compliance requirements on sending software overseas or sharing it. Sep 01, 2016 what constitutes an export of software technology. There are both administrative and criminal penalties for violations of us export control laws, including denial of export privileges. Export controls december 1, 2016 this paper offers a brief overview of u.
The nature of the export has actual or potential military applications or economic protection issues. Links below open the individual sections of the commerce control list. Overview of export laws and regulations the united states export laws and regulations operate to restrict the use of and access to controlled information, goods, and technology for reasons of national security or protection of trade. As a result, opensource and free software is exempt. Export control laws and regulations export controls are federal laws and regulations that govern the transfer or disclosure of goods, technology, software, services, and funds originating in the united states to persons or entities in foreign countries or to nonu. What indias new export control regime means for its software industry.
Violations of these export laws are subject to severe criminal penalties. Export control clauses in software agreements lexology. Research with encrypted software export control laws and regulations restrict the shipment, transmission or transfer of certain items, software, technology and services from the u. When export controls apply for example, when we use disclosurerestricted technical information to generate our fundamental research or hand carry items outside the us in our baggage the export of regulated items, information, or software may require approval. Rather, the ear require that the export and re export of goods are assessed separately.
While most companies understand that a crossborder shipment of computers or hard drives constitutes an export, the export control laws also apply to exports of encryption and other software technology items that may not be recognized by companies not experienced in dealing with export controls. Nov 29, 20 such export control clauses seek to have licensees contractually agree that us and any other relevant export control laws apply to the licensee, and that the licensee will not reexport the. What indias new export control regime means for its software. Export controls on transferring technology, commodities and.
Overview of export laws and regulations office of research. Department of commerces bureau of industry and security bis administers u. They prohibit the unlicensed export of certain materials or information for reasons of national security or the protection of trade. An export license permits controlled tangible items or software to be sent outside of the u.
While most companies understand that a crossborder shipment of computers or hard drives constitutes an export, the export control laws also apply to exports of encryption and other softwaretechnology items that may not be recognized by companies not experienced in dealing with export controls. Department of the treasurys office of foreign assets control ofac administers countryspecific economic and trade sanctions that often include restrictions on most or all transactions with and exports to targeted countries and persons. More specifically, export control laws regulate the export or re export of products, software, services and technologies, including those with dual use applications primarily commercial in nature but may have military or proliferation applications, and define what a university can export, where it can export, who can receive it and how it can. Us export control laws and regulations export control.
Such export control clauses seek to have licensees contractually agree that us and any other relevant export control laws apply to the licensee, and that the licensee will not reexport the subject software in. Such export control clauses seek to have licensees contractually agree that us and any other relevant export control laws apply to the licensee, and that the licensee will not reexport the. Sharing proprietary or otherwise restricted information, technology or software with a. The arms export control act aeca is the cornerstone of u. In an effort to meet this obligation, dla suppliers requesting access to exportcontrolled technical data for a dla solicitationpurchase. Before arranging for items to be shipped or conveyed electronically or otherwise outside the u. Make sure youre in compliance with these regulations. International collaborations and export controls policy. The export control list, which is included in a guide to canadas export controls, identifies specific goods and technology that are controlled for export from canada to other countries. Export laws regulate the electronic downloading of software. Export controls on transferring technology, commodities. Apr 10, 2014 export control compliance is strict liabilityinadvertence or lack of knowledge will not absolve the responsible party. Transmitting technical data or software a deemed export violation of export control laws and regulations can result in significant civil and criminal penalties for you, your colleagues and the university. Us software vendorslicensors typically seek to incorporate an export control clause into their software licence agreements.
The parties acknowledge that any products, software, and technical information including, but not limited to, services and training provided by either party under this contract are or may be subject to export laws and regulations of the united states and the destination countryies and any use or transfer of such products, software and technical information must be. Technologyrelated clients of all sizes are increasingly finding themselves in violation of such. Both delivery methods can qualify as an export under the ear. These laws and regulations prohibit the unlicensed export of certain types of items, software, or information that can be transmitted overseas to individuals, including u. Rather, the ear require that the export and reexport of goods are assessed separately. Determining eccn the united states imposes export controls to protect national security interests and promote foreign policy objectives. Department of commerce export administration act reference g and export. The export control regulations govern what laboratory instruments, equipment, materials, software, technology and. While best practices concerning the need to control the exchange of software were recognized as far back as 2006 there is an inherent difficulty in controlling opensource and free software. Primary responsibility for compliance with export regulations falls on the principal investigator. Overview of united states export control laws and regulations u. What indias new export control regime means for its. We handle some of the most difficult areas of changing export control laws, including encryption technology regulation, ecommerce transactions, deemed exports, cybersecurity, intracompany transfers within multinational entities, merger and acquisition due diligence, and global supply chain issues. The export of regulated items, information, or software, if listed on the specific lists below, may require approval from the u.
Faqs export controls compliance office of research. Crimea region of the ukraine, cuba, iran, north korea, syria see sanctions program and country summaries and the ears part 746 embargoes pages for more specific information. Export control laws overview export control laws refers to laws and regulations that prohibit or restrict the unlicensed export of certain goods and technologies e. Summary of export control laws research compliance rice. United states export control laws and regulations are designed to protect national security or trade. Warning this document contains technical data whose export is restricted by the arms export control act title 22, u. All persons or entities that engage in the manufacture, export, or brokering of defense articles and services must be registered with the u. Contentsshow overview export control laws are federal laws implemented both by the department of commerce through its export administration regulations ear and the department of state through its international traffic in arms regulations itar. More specifically, export control laws regulate the export or reexport of products, software, services and technologies, including those with dual use applications primarily commercial in nature but may have military or proliferation applications, and define what a university can export, where it can export, who can receive it and how it can.
The following activities may be subject to export control regulations, and can occur at any time during your research. When export controls apply for example, when we use disclosurerestricted technical information to generate our fundamental research or hand carry items outside the us in our baggage the export of regulated items, information, or software may require approval from the us government in the form of an export license. As a result, opensource and free software is exempt from control under the wassenaar arrangement. The department of state implements this statute by the international traffic in arms regulations itar. Summary of export control laws research compliance. Since the events of september 11, 2001, the federal government has increasingly focused on the compliance of universities. Companies that engage in the business of building intrusion software and. Export of cryptography from the united states wikipedia. Targeted sanctions countries office of foreign assets control regulations ofac. Export controls for software companies what you need to know. These laws provide for severe civil and criminal penalties for the unauthorized disclosure of sensitive technology to foreign citizens. We stress that even negotiating protective restrictions into contracts or choosing itarcompliant services is not sufficient.
Two sets of export control regulations are most frequently encountered in the context of university research, teaching, and international travel. Federal regulations export controls compliance office. Export controls for software companies what you need to. Rice university faculty, staff, and students engage in activities that may involve the export of certain items, products or goods, technology, and software to foreign countries and, consequently, may be subject to u. In addition, both the treasury and commerce departments administer antiboycott laws, which. Lists of export controlled items, information and software. Export control compliance is strict liabilityinadvertence or lack of knowledge will not absolve the responsible party. Such export control clauses seek to have licensees contractually agree that us and any other relevant export control laws apply to the licensee, and that the licensee will not reexport the subject software in a manner inconsistent with such laws. The release of software may require an export control license from the.
The export control list is divided into the following seven groups. Guide to licensing procedure and other restrictions for export of controlled dualuse items, software and technology, goods for torture and radioactive sources. In addition, export control laws and regulations restrict or prohibit the transaction of business with certain countries, persons, and entities that have been sanctioned by federal agencies as a threat to important u. Export control laws provide for substantial penalties, both civil and criminal. Despite the legal victory in the bernstein case, open source software with encryption remains subject to u.
Most exports do not require specific approval from the federal government. Whether by electronic download or through the physical transfer via cdrom or flash drive, the release of software may require an export control license from the u. Federal export control laws restrict the export of goods, technology, related technical data and certain services in the interest of protecting the national security and domestic economy. Companies that electronically distribute or allow the download of their software and technology to foreign countries via the internet must observe the same export restrictions that would apply if a companys software was shipped conventionally.
Export controls international trade administration. Department of commerces bureau of industry and security bis under the export administration regulations the ear. All export of technology classed as critical required a license. Published by the us commerce department in its export administration regulations ear, the commerce control list addresses dual use items, information and software that are primarily commercial in nature but also have potential military applications. Companies that electronically distribute or allow the download of their software and technology to foreign countries via the internet must observe the same export restrictions that would apply if a. Export controls and published encryption source code.
Companies that engage in the business of building intrusion software and certain surveillance systems need to be on guard. Companies may not assume that the permitted export of goods from the u. The defense logistics agency dla has a responsibility to protect the exportcontrolled data entrusted to its care by the military services from unauthorized disclosure and iaw trade security control laws. Cocom was organized to coordinate western export controls. How do the export control regulations affect people in nonscientific areas. This type of export control clause broadly finds its basis in the us department of commerces export administration regulations ear and the. Published by the us commerce department in its export administration regulations ear, the commerce control list addresses dual use items, information and software that are primarily commercial in nature but also have potential military applications links below open the individual sections of the commerce control list. Globalization, terrorism and threats of proliferation have led to an increase in the enforcement of u. Export control clauses in software agreements al tamimi. Items, information and software subject to us export control laws and used in a university environment are generally categorized on the following two lists.
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