Export Control Compliance “ Protecting MIT's open research policy and the free interchange of information among scholars while complying with U.S. Export Control Law” Janet C. Johnston Export Control Officer * Nicole Levidow Compliance Administrator Jan 2018
MIT Export Control Resources Janet Johnston, MIT Export Control Nicole Levidow, Compliance Officer Administrator • BS - MIT Physics • BS - MIT Earth and Planetary Sciences • MS - MIT Earth • Juris Doctor, and Planetary Emory Sciences University • MS - MIT Civil • Master of Engineering Science in Public Health, Air Force Research Emory Laboratory University Pentagon Contact Information Air Force European Office Contact of Aerospace Research & nlevidow@mit.edu Information Development (617) 253-0460 jcjohnst@mit.edu AF Foreign Military Sales (617) 253-2762 Private Pilot ExportControlHelp@MIT.EDU 2 http://osp.mit.edu/compliance/export-control
New CITI training module for MIT Export Control: https://osp.mit.edu/compliance/export-control/training 3
Research When submitting a proposal at MIT, every PI must answer these questions: – Will you receive material not publically available? – Will any part of the project be conducted outside of the US? – Will you be sending material outside the US? – Does the sponsor documentation refer to restrictions on publishing or participation? – Does the sponsor intend to limit participation in the research by researcher nationality? – Does the research project involve visits/access to any national labs or outside facility that has foreign national restrictions? This presentation will explain why the answers are important. 4
Drivers: Faculty, Students, and Staff Direct Route OK Research and Export Information flow Educational Activities Control • Faculty • OSP Contract Specialists • Students Export Control • Office of Risk • Staff Officer Management • Others 5
Answers you’ll have by the end of this talk Part I--Background 1. Role of Export Control Officer 2. What is the difference between “classified” and “export controlled ?” 3. What’s an “Export?” 4. What’s a “Service?” 5. What kinds of things are controlled and what is their effect on MIT? 6. Who says material is controlled? How do the regs differ? 7. More specifically...What determines which exports are prohibited? 8. What is the “US?” 9. What is the definition of a “US person ?” Part II — How Can an Open University Function? 10. What is the fundamental research exclusion? How is Fundamental Research defined by State and Commerce? And why is that important? 11. Hot Buttons--sensitive technologies 12. Considerations when Collaborating, Conducting research, offering courses or professional programs on-line or at MIT, holding workshops, and teaching abroad 13. Advice for International Travel 14. International Teaching and Conferences 15. How to Comply? 16. Scary part! 6
Campus vs. Lincoln Laboratory MIT Lincoln Lab MIT campus Federally-funded R&D center University Restricted Open US employees International students, scholars, faculty Export-controlled & classified research Education and fundamental research 7
Export Control in a Nutshell • 3 Kinds of considerations: Technology restrictions Country Restrictions People and entity restrictions • Exports can be illegal because of: What it is What country it’s going to The recipient (individual and Institution) (US or out of country) End use! Suspicion of third-party transfer • Other --service 8
1. Role of Export Control Officer 1001 ways 1001 ways to to get into avoid trouble trouble Requirement: Must obey the law Task: Operate an open university within the framework of the law 9
2. “Classified” vs. Export Controlled • Classified... Unclassified, Confidential, Secret, Top Secret... Consult your security officer...need security clearance for secret and above. Established under Executive Order 13526 • Export controlled – State Dept, Commerce, DOE, NRC, Homeland Security... You do not need a security clearance. “US Persons” can have ------------------------------------------------------------------ • “Confidential” – meaning can vary. Usually means company proprietary info or PII, Privacy Act etc. • CUI – Controlled, Unclassified Information (Federal contracts) 10
3. What’s an Export? • Export Everything that crosses the border is an export... ...even if it's temporary ...even if it wasn't sold ...even if it will be used for research ...even if the item was made in that country • “Deemed” Export Disclosing controlled information to non-US entity or individual — even in the US, even on campus 10% undergrads – ITAR: license for all non-US (some exceptions) 40% grad students – EAR: License required some nationalities 65% post-doc fellows Includes access to ITAR items by foreign persons 42% faculty Only refers to technology and software are foreign born at MIT 11
4. What’s a (Defense) Service? • Assisting a non-US person in developing an ITAR item - Includes design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing, use • Requires a license – Transfer of public domain information can be a defense service Examples • Teaching a foreign national to use IR camera • Selecting key academic papers and sending to a colleague in Russia • Answering questions during Q&A at an overseas conference • Serving on an advisory board of a foreign university • Inviting a speaker to a conference MIT is hosting A service does not need to involve ITAR to be illegal. Assisting individuals normally resident in sanctioned countries or on a denied parties list can be an illegal service. Even inviting a speaker from a sanctioned country to a conference you are organizing can be a prohibited “service.” 12
5. What’s Export Controlled? • Products • Equipment required to make controlled products • Materials required to make controlled products • Software required to develop, produce, or use products • Information required to develop, produce, or use products • Your laptop and other personal electronic devices • Information stored in your laptop and in other devices — and in your brain International travel = export Everything that crosses the border is an export: Even if it’s temporary, even if it is not sold, even if it will be used in research, even if it belonged to someone in that country to begin with. 13
Export Control Regulations Affect MIT Multi-dimensionally... Research • Research with International Students or Faculty • Research using export controlled material • Sponsored Research • Technology Licensing • International Collaborations • We end up as sub-contractors with flow-down stipulations. Teaching • Online Courses • Professional and Executive Education • Teaching International Students at MIT and Teaching Abroad • International Conference Presentations • We hold workshops abroad and domestically Material We send things abroad Many MIT people are not U.S. citizens/ We buy things We send information abroad green card holders. We receive information/equipment We borrow equipment from outside institutions/companies Other • SMART, Hong Kong, Skoltech, TLO, MASDAR, ILP... International Travel International Shipping 14 International Financial Transactions
6. Who determines what is export controlled? • Department of State: ITAR: USML (Defense items) • Department of Commerce (Bureau of Industry and Security): EAR: CCL (Dual-use) (most MIT campus items) • Nuclear Regulatory Commission: 10 CFR 110.8 and 110.9: Nuclear items, equipment and material • Department of Energy: 10 CFR 810: Foreign Nuclear Assistance and export of unclassified nuclear technology • Department of the Treasury OFAC: Sanctions programs (Cuba, Crimea, Iran, N. Korea, Syria...) • Homeland Security: Protected Critical Infrastructure Information (PCII) 15
How do the regulations differ? • Sanctions on a country are usually to punish, coerce, or sometimes target a specific tech area • Export Restrictions (e.g., ITAR, EAR, DOE) are to prevent potentially dangerous material from getting into the wrong hands • Denied/restricted parties are specific to persons or institutions/ entities Pressure transducer (chokepoint tech for Nuclear Enrichment); source: “MKS, North Andover, MA” 16
7. More Specifically... MIT mostly deals with: • State Department • Commerce Department • Department of Energy • Treasury 17
State Dept – ITAR (Intl. Traffic in Arms Regs.) Think “weapons/military” • US Munitions List – Weapons, ammunition, explosives, propellants – Chemical, biological, toxicological agents – Some spacecraft, satellites – Missiles, torpedoes, bombs, mines – Aircraft, ships & submersibles, tanks – Fire control, guidance and control equipment – Military electronics – Protective personnel equipment • Materials and components • Technical data (including software) • Services 18
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