What are Export controls
are U.S. laws and regulations that regulate and restrict the release of critical items/information
technologies and services t for reasons of foreign policy and national security.
3 examples of export regulations
- International Traffic in Arms Regulations (ITAR)
- Export Administration Regulations (EAR) and 3. Nuclear Regulatory Commission/Department of Energy.
Sanctions
Restrict
with restricted partners.
Administered by administered and enforced by Office of Foreign Assets Control (OFAC)
Dept of Treasury.
Sanctions programs are and utilize
the blocking of assets and trade restrictions to accomplish foreign policy and national security goals.
Prohibited transactions are trade or financial transactions and other dealings in which U.S. persons may not
engage unless authorized by OFAC or expressly exempted by statute. U.S. persons must comply with
OFAC regulations, including all U.S. citizens and permanent resident aliens regardless of where they are
located, all persons and entities within the United States, all U.S. incorporated entities and their foreign
branches.
Regulatory Exclusions: What export controls do not cover (3)
-Public Domain Information
-Educational Information
-Fundamental Research (basic/applied research with no access and dissemination controls)
Export Controlled Research Indicators:
Agreements containing publication or nationality restrictions (“access and dissemination controls”)
Information with proprietary restrictions/non-disclosure terms/limited distribution information (e.g. CUI, DoD
Distro D, FOUO, etc.)
2 types of Exports
Physical Exports (outside of US borders)
Deemed Exports (inside the US) ex: once released to foreign nationals, deemed exported to country
US Persons are 4
-US citizen
-Lawful Permanent Residents (Green Card Holders)
-Protected political status (asylee, refugee, amnesty)
-US Companies (incorporated to do business in US)
ITAR - International Traffic in Arms Regulations (22 CFR 120-130)
Administered & enforced by US State Department, specifically Directorate of Defense Trade Controls (DDTC).
Most restrictive list, includes USML (munitions list)
EAR - Export Administration Regulations (15 CFR 300-799)
US Commerce Department, Bureau of Industry and Security (BIS)
Commodities, software and technology on Commerce Control List (CCL)
Predominantly commercial/civilian application items and technologies.
Exports may occur after a licensing evaluation
NRC and DOE - Nuclear Regulatory Commission (10 CFR 110) and US Department of Energy (10 CFR
810)
Export restrictions focus on nuclear technologies. Nuclear reactors, fuel, sensitive nuclear technologies, etc.
FACR - Foreign Asset Control Regulations (31 CFR 500-599)
Administered b US Department of Treasury, Office of Foreign Asset Controls (OFAC)
Sanctioned transactions for goods or services involving:
Comprehensively Sanctions Countries: Cuba, Iran, North Korea
Individuals or organizations on US Government Restricted Party Lists
USML
Within ITAR, the US Munitions List (USML)
Predominately military, space or intelligence application items and technologies
No exports outside US or access inside the US by non-US Persons
