NCURA Conference

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Massachusetts Institute of Technology
NCURA Conference Export Controls and Embargoes,
What You Never Wanted to Know November,
2002 Whole Panel Discussion
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Massachusetts Institute of Technology NCURA
Conference Export Controls and Embargoes
November, 2002
Examples

• 1. Scenario A
• US University Signs Joint Research Agreement
  with Indian University Under Which There Will Be
  Exchanges of Researchers and Joint Research at
  Both Universities
• The VP Research for the Indian University
  and/or Researchers In Some of the Indian
  Universitys Departments Also Have High Level
  Positions at the Indian Space Research
  Organization (ISRO), which is Listed On The EAR
  Entities Chart
• The US Universitys Faculty is Going to do
  Research and Lecture at the Indian University,
  Where Individuals Associated with ISRO May Be
  Involved or In Attendance
• The Lectures/Research Will Concern EAR 99
  Equipment or Software
• A License is Required for All Equipment, Software
  on the CCL, Including EAR 99, and for Information
  Concerning Such Listed Items, Exported to ISRO
  and Its Personnel. License Request Is Reviewed
  on a Case by Case Basis.
• If US University Faculty Will Not Transfer/Bring
  Equipment or Software to India, and Will Only
  Convey Information And Participate In Research,
  Avoid License Requirement By
• -- Creating a Course Listing and Giving All
  Lectures In the Course
• -- Immediately Publish Research On A Publicly
  Open Website or Put Lab Notebooks in Publicly
  Accessible Library

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Massachusetts Institute of Technology NCURA
Conference Export Controls and Embargoes
November, 2002
Examples
2. Scenario B US University Faculty Has
Developed an Un-manned Submersible Vessel to
Explore the Ocean Floor Off the Coast of Spain
and Seeks to Ship the Vessel to Spain Where He
Will Collect Data, or Teach a Spanish Colleague
to Collect the Data The Data Collection is Part
of a Basic Scientific Research Project Funded by
NSF. There is No Intended Military
Application. Spain is a NATO Country with which
the US Has Many Diplomatic Ties and Trade
Agreements The Submersible Falls Under the USML
(22 CFR 121.15) and, Consequently, is a Defense
Article Sending the Submersible to Spain is an
Export Under ITAR (22 CFR 120.17) and Requires
a License
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Massachusetts Institute of Technology NCURA
Conference Export Controls and Embargoes
November, 2002
Examples

• Teaching a Spanish National in the US or Abroad
  How to Use/Collect Data With the Submersible is
  a Defense Service and Requires a License
• Unless the Information is in the Public
  Domain (applies to disclosures in US or Spain) --
  or is the Result of Fundamental Research
  Conducted in the US At an Accredited University
  -- or Is Basic Science or Engineering Taught in a
  Course Listed in a University Course Catalogue

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