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Export compliance is not as simple as reading contracts to determine if “fundamental exception” provisions are abrogated.
Compliance requires obtaining licenses for communication of controlled information, or restricting through technology control plans (TCP) access to controlled information through education and certifications signed by employees and others who may be in a position to transfer restricted information to ineligible parties.
Penalties for export control violations are severe, including substantial fines and criminal liability that can lead to jail terms of up to 30 years. The consequent damage to personal and corporate reputations can be catastrophic.
Classification of goods and technologies under ITAR and BIS
Classification involves determining which of the technologies or equipment in your research environments are controlled as military under the Department of Commerce Bureau of Industry and Security (BIS) Commerce Control List (CCL), or as military under the Department of State Directorate of Defense Trade Controls (DDTC) United States Munitions List (USML). Goods or technologies classified under these regimes have restrictions that can require export licenses or agreements, establishing technology control plans, and controlling access.
Screening visitors, employees, contractors, etc.
If your goods or technologies are controlled, you will need to be concerned with the formidable task of establishing and managing walls around the controlled goods or technologies to restrict access to activities under DDTC or BIS license, segregating these technologies from ineligible employees, visitors, students, and contractors.
Managing licenses and license activities
You will also want to ensure you can prove adherence to the scope of government licenses or agreements through tracking of licensable activities, best achieved with solutions that help you delineate license scope, track employee understanding of their responsibilities, and record licensing activities.