Thanks to Clif Burns, below is a link to an article referring to Rep. Ellen Tauscher who is the Obama nominee for Under Secretary of State for Arms Control and International Affairs. One of her pre-hearing answers implies that she would favor returning communication satellites to Commerce would be a big boost to space researchers and universities.
Under ITAR there are so many obstacles for investigators to overcome particularly when the project involves foreign collaborators (which almost all do in a university setting). It took me 2 months to just use the Canadian exemption to transfer technical data to a Canadian company to build a prototype for one of our space research projects. And that was just for an exemption, not a license! The paperwork alone was almost not worth the effort. So if satellites return to the CCL under Commerce the process of classification and licenses would be so much smoother and efficient, and a license may not be needed at all. Indeed this would be a blessing to export compliance officers who struggle with this issue under the ITAR.
"State Nominee Favors Return of Satellite Issues to Commerce"
From the ExportLawBlog.com Posted by Clif Burns at 6:20 pm on June 11, 2009
http://www.exportlawblog.com/archives/518
Showing posts with label exemption. Show all posts
Showing posts with label exemption. Show all posts
Sunday, June 21, 2009
Saturday, June 6, 2009
ITAR Bona fide and full time employee exemption
Many universities can use the bona fide full time employee exemption under ITAR 125.4(b)(10) but must make sure that they follow the conditions of using this exemption. This comes in handy when you are dealing with a deemed export issue.
1) can only be applied to unclassified technical data disclosed in the U.S.
2) must be a U.S. institution of higher learning
3) the foreign person must be a bona fide full time regular employee
4) the foreign employee's must live in the U.S. while employed by the institution
5) the foreign employee cannot be a national of a proscribed country under ITAR 126.1
6) the institution must notify the foreign employee in writing that the technical data may not be transferred to other foreign nationals without the prior written approval of the DDTC
Please Note: This exemption is not available under the EAR or OFAC, only ITAR has this exemption. Make sure you check the proscribed country list as it may change and these are not the same as embargoed or sanctioned countries under OFAC. The ITAR list of proscribed countries is much longer. To comply with condition (6), I always get the signature of the foreign national employee as well as the lead investigator with a statement that they understand the conditions of the exemption and will abide by them. Remember that all documents must be maintained for 5 years per the regulations.
1) can only be applied to unclassified technical data disclosed in the U.S.
2) must be a U.S. institution of higher learning
3) the foreign person must be a bona fide full time regular employee
4) the foreign employee's must live in the U.S. while employed by the institution
5) the foreign employee cannot be a national of a proscribed country under ITAR 126.1
6) the institution must notify the foreign employee in writing that the technical data may not be transferred to other foreign nationals without the prior written approval of the DDTC
Please Note: This exemption is not available under the EAR or OFAC, only ITAR has this exemption. Make sure you check the proscribed country list as it may change and these are not the same as embargoed or sanctioned countries under OFAC. The ITAR list of proscribed countries is much longer. To comply with condition (6), I always get the signature of the foreign national employee as well as the lead investigator with a statement that they understand the conditions of the exemption and will abide by them. Remember that all documents must be maintained for 5 years per the regulations.
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