Why does UNM need Export Control

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Dina Sullivan
5 years ago
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1 Increased Federal Focus on Universities Why does UNM need Export Control the Government is strongly encouraging universities to put in place concrete measures aimed at preventing those who pose a threat to national security from participating in post-secondary academia, especially in research and studies involving equipment, materials, and technology that is considered controlled under U.S. law. This closer scrutiny on post-secondary institutions is being spearheaded by a number of federal agencies, which are charged with enforcing export regulations, including those governing the transfer of technology to foreign nationals, also known as deemed exports. To comply with export control legislation, universities must implement stricter, more centralized on-campus systems to oversee and manage the transfer of technology to foreign nationals. These measures include being able to determine which of their research, technology, and equipment can be classified as controlled under international trade legislation. Institutions must also have the capability to screen foreign students, staff, researchers, sponsors and their associates, suppliers and visitors against Government-maintained Restricted Party lists.

2 is defined as basic or applied research in science and engineering, without restrictions on publication or specific access controls on foreign national participation. does not normally come under export controls because the information and data generated by such research is ordinarily published and shared within the scientific community According to the law, any information technological or otherwise that is publicly available is not subject to controls. Deemed Export Release of controlled technology to a foreign national in the U.S. either visual or physical laws governing exports are as strict as those regulating the export of actual, physical controlled goods. The Government makes no distinction between Dual use/defense article, blueprints, or technical specifications. If they come under EAR and/or ITAR controls, organizations are required to take the necessary steps to ensure these items do not fall into the hands of a Restricted Party. Allowing controlled goods or technology to be transferred to an embargoed country is an offense, no matter how the transfer occurred.

3 Published and generally available to the public at accredited institutions of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly in the scientific community? If YES continue Basic and applied research in science and engineering ordinarily published and shared broadly? If YES continue If NO continue Public restrictions? U.S. Government funding and dissemination controls? If NO continue If NO If NO If YES If YES IT IS FUNDAMENTAL RESEARCH

4 University Compliance and Deemed Export Rules U.S. universities are world-leading centers of research activities in such diverse fields as engineering, energy, space technology, computer and software technology, biomedicine, chemicals, biological agents, toxins, among many others. However, where technology has not been properly classified or foreign nationals not properly vetted, the following scenarios demonstrate how easily the law can be broken: - Discussion/disclosure of unpublished research at meetings and at conferences. Such discussions can be verbal (face-to-face), or in written form ( s, blueprints, or other relevant documents); - Unwittingly disclosing controlled technology to a Restricted Party by any means including: - Collaborative Ventures; - Technical Exchange Programs; - Training Programs; - Tours of research lab facilities containing controlled equipment and technology; - Transfers of research equipment to labs outside the U.S. incorrectly believing that applies will also lead to a violation of Deemed Export laws.

5 What we can help with: - Determine if ITAR (International Traffic in Arms Regulations) or EAR (Export Administrative Regulation) - Obtaining license from proper agency - Restricted party screening - Traveling outside of U.S. with UNM owned equipment - Travel briefings (country specific) - Foreign visitors Department Department of Commerce Department of State Department of Treasury Legislative Responsibility EAR, which also covers the Export Control Classification Number (ECCN) system and the Commerce Control List (CCL) ITAR, including the U.S. Munitions List (USML) Trade sanctions and embargoes monitored by the Office of Foreign Assets control (OFAC)

6 Contact Krista Laybourne, Export Control Officer

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