Академический Документы
Профессиональный Документы
Культура Документы
December 2006
This presentation is not meant to constitute legal advice to any participants.
What is an Export?
The definitions of export are quite broad.
An actual shipment or transmission of items or technology out of the U.S. A release of goods, technology, or software in the U.S. to a foreign national or an embassy or affiliate of a foreign country A transfer to any person of goods or technology either within the U.S. or outside the U.S. with the knowledge or intent that the goods or technology will be shipped, transferred, or transmitted to a recipient in a foreign country.
Proposals as Exports
Prior written approval is required from the US State Department Defense Trade Controls (DTC) before a company is allowed to submit a proposal for Significant Military Equipment (SME) to a foreign entity when all of the following conditions are met:
The value of the equipment or services is in the amount of $14M or more, and The export is intended for use by any foreign country other than a member of NATO, Australia, Japan, or New Zealand, and The identical equipment has not been previously licensed for permanent export or approved for sale under DODs Foreign Military Sales program to any foreign country.
Additionally 30 days prior notification is required when the above conditions are met and the identical SME have been previously licensed for permanent export or approved for an FMS sale to any foreign country. Since the definition of proposal is relatively broad (any communication designed to constitute a basis for a decision), your Export Compliance Office should be consulted before discussions are held on any defense program intended for a foreign entity with a potential value of $14M or more.
Increasingly seeing special requirements on sublicensing. If classified effort is involved, additional section is needed.
Be specific about what will be shared with the foreign licensee If there are other U.S. parties, be specific about what they will be able to do under the agreement. Identify what will not be provided (e.g., source code, U.S. classified data) Append descriptive literature if possible.
Primary Reviewers
DOD (through DTSA) NASA MTEC
Provisos
Common
End date Sublicensing Process if TAA is not concluded within a year Depositing the signed TAA
Special
Limits on what you can provide within the work you have described adequately. Clarifications on what you cannot provide where your package had ambiguities.
Following is a recommended template to be used for acknowledging acceptance of responsibility for implementation of the Export Control Plan.
For oral or visual disclosures - Prior to providing technical data, hosting a meeting or teleconference, or otherwise providing defense services against the Agreement, the cover page, charts, or introductory material must contain the appropriate export authority statement. The host of the meeting must maintain a record of the export and provide the Export Compliance Office with a copy of the record.
On the cover page to the Technical Data document or label of any electronic medium (i.e., compact disk) exported against the Agreement or License, the appropriate Destination Control Statement must be used.
NOTE: A destination control statement must be used on all export actions, including physical exports, electronic transmissions, and facsimiles.