Export Management

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Export Management

• Matt Ronning

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Control is Misleading

• What is an export?
• Why do we care?
• How can we control them?
• Who is in charge?
• Where is the risk?

Nothing new here, really.
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What is an Export?

• Well, anything sent abroad or otherwise made
  available to a non-citizen/permanent resident on
  US soil.
• Hmm, Im starting to understand the use of the
  word control now
• A controlled export is

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Controlled Export

• Transfers of controlled information, including
  technical data, to persons and entities outside
  the United States
• Shipment of controlled physical items, such as
  scientific equipment, that require export
  licenses from the U.S. to a foreign country
• Verbal, written, electronic, and/or visual
  disclosures of controlled scientific and
  technical information related to export
  controlled items to foreign nationals (deemed
  exports) in the United States.

Source COGR
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What is controlled?

• EAR, ITAR, OFAC
• EAR Inherently Commercial but military too
• 0Nuclear Materials, Facilities and Equipment,
  and Miscellaneous
• 1Materials, Chemicals, Microorganisms, and
  Toxins
• 2Materials Processing
• 3Electronics
• 4Computers
• 5Telecommunications and Information Security
• 6Lasers and Sensors
• 7Navigation and Avionics
• 8Marine
• 9Propulsion Systems, Space Vehicles, and Related
  Equipment

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What is controlled?

• International Traffic in Arms Regulations (ITAR)
• Defense Articles
• Defense Services
• Office of Foreign Asset Control (OFAC)

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Good News

• No license is required for export of
• (1) Information arising during or resulting from
  fundamental research.
• (2) Data released orally or visually at open
  conferences, lectures, other media open to the
  public.
• (3) Publications that may be purchased without
  restrictions at are readily available at public
  libraries.
• (4) Patents available at any patent office.
• (5) Dissemination of educational information by
  instruction in and associated laboratories in
  academic institutions.

Source COGR
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More Good News

• Fundamental Research might get us out of needing
  an export license
• UNC BOG has a policy of open publication
• Ah, but theyve left a loophole so be very
  careful.
• Plug that loophole with consistency and process.

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How do you plug the hole?

• Process, Consistency, Training, Networking,
  Planning But dont go overboard!
• Assess where you are admit your short comings
  engage a consultant have a briefing get to know
  your local federal agents

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What is NC State doing?

• Everything right, bank on that

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Develop Resources
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Avoid a Train wreck

• Briefings from NCIS, FBI, DoC, DSS
• 3 in last 12 months
• Find training and pay to go to it
• 2 of us went to Boston, 1 to Chicago and 1 to San
  Francisco
• Have staff meetings
• Weve afforded this topic as much as we afford
  publication rights, IP matters, human and animal
  subject debates and then some.
• Create metrics to follow steal them from other
  universities as a starting point if you have to.

NC State Rules, Do Not Deny
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Avoid Trouble
Russ outside of Bangkok Hyatt Regency