. Identify the Responsible Party (normally the PI) who will implement the TCP. For research activities, this will include a plan to firewall the fundamental research from the restricted research. § 120.17, Export means: “(1) An actual shipment or transmission out of the United States, including the sending or taking of a defense article out of the United States in any manner; (2) Releasing or otherwise transferring technical data to a foreign person in the United States (a ‘deemed export’); (3) Transferring registration, control, or ownership of any aircraft, vessel, or satellite subject to the ITAR by a U.S. person to a foreign person; (4) Releasing or otherwise transferring a defense article to an embassy or to any of its agencies or subdivisions, such as a diplomatic mission or consulate, in the United States; (5) Performing a defense service on behalf of, or for the benefit of, a foreign person, whether in the United States or abroad; or, (6) A launch vehicle or payload shall not, by reason of the launching of such vehicle, be considered an export . List all equipment and data they will access/use. The information can take the form of technical data or technical assistance. [1] “Software includes but is not limited to the system functional design, logic flow, algorithms, application programs, operating systems, and support software for design, implementation, test, operation, diagnosis and repair.” 22 C.F.R. Encoded with six digits. Encoded with two digits and comprises several disciplines. They will receive technical services (including consulting, advising, or, They are foreign entities who seek to enter into, They will receive federal funding (e.g. Items that have both commercial and military applications. ), They will have access to LBNL facilities or resources (including networks). Foreign nationals from countries like Sudan, Syria, North Korea, and Cuba are prohibited from receiving EAR99 technology. Visualization 1. The global map of technology uses an original classification of technology that distributes all inventions in 389 non-overlapping classes. The pertinent regulations provide OFAC with broad authority to block or interdict certain "prohibited transactions" involving restricted destinations or parties. Under U.S. export regulations, a U.S. person includes a: “EAR99” is the catch-all designation for export controlled technology which is not specifically identified on any U.S. export control list (e.g. Basically, any transfer of non-public technical data or software (written, visual, or audio) to a foreign national in the U.S. As defined under the ITAR, 22 C.F.R. 2. § 120.16, and the EAR, 15 C.F.R. Which is Micro Computer/ PC (Personal Computer), Mini Computer, Main Frame Computer and Super Computer. The Laboratory utilizes a commercial software called Visual Compliance to search for the names of foreign institutions and individuals who may be on the Entity List. The “600 series” describes military items that were once subject to the ITAR. 6. https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern/entity-list. Communication tools. In any given organization information system can be classified based on the usage of the information. ECCNs are five character alpha-numeric designations used on the Commerce Control List (CCL) to identify dual-use items for export control purposes. Hand-carrying items during international travel, Emailing technical data or software to recipients in foreign countries, Allowing foreign entities access to download technical data or software, Providing technical services or assistance to foreign entities. Classification of Computers | Type of Computer. ), Intellectual property protection considerations. Over the years, it has become the standard of conduct for R&D surveys and data collection not only in the OECD and the European Union, but also in several non-member economies, for example, through the science and technology surveys of the UNESCO Institute for Statistics (UIS).” (Innovation in science, technology and industry, Frascati Manual: Proposed Standard Practice for Surveys on Research and Experimental Development, 6th edition (retrieved July 7, 2013). These is the second part of classifications of computer. Corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the United States, and any governmental (federal, state, or local) entity in the United States. § 772, EAR99  is the lowest level and classification of export control. Office of Foreign Assets Control (OFAC) – OFAC Sanctions Regulations, 31 C.F.R. Sciences, technologies and visualizations © 2011- var d = new Date(); document.getElementById("copyright_year").innerHTML = d.getFullYear(); . app. Receiving technical data or software above the EAR99 level for LBNL research will require a Technology Control Plan  – contact LBNL Export Control for assistance. As defined under the ITAR, 22 C.F.R. . § 120.11. those in the ECCN -500 or -600 series). ITAR’s US Munitions List, EAR’s Commerce Control List, or NRC/DOE regulations). OFAC Sanctions Programs and Country Information, Department of Treasury: http://www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx. A TCP will: Any equipment, hardware, tool, article, material, or supply except technical data and software. Just as the ITAR effectively trumps the EAR, items described in a 9×515 ECCN or “600 series” ECCN trump other ECCNs on the CCL. turn it on and make it function as designed. ... Dinesh Thakur is a Technology Columinist and founder of Computer Notes. type of commodity, software, or technology and its respective technical parameters. . The Laboratory must not enter into subcontracts, exchange information, provide services, or otherwise participate, directly or indirectly, in any activities with any entity or person found on these lists without LBNL Export Control approval. 1 to Part 774 of the EAR), which is divided into ten broad categories, and each category is further subdivided into five product groups. The Proposed international standard nomenclature for fields of science and technology was proposed in 1973 and 1974 by the Division of Science Policy and Statistics for Science and Technology of UNESCO and adopted by the Scientific Advisory Committee. § 740.1, Supplement No. There are different types of medical technologies such as instruments to analyze diseases, gadgets for reducing pain, and instruments for treating and curing diseases. Munitions List. A U.S. Department of Energy National Laboratory Managed by the University of California, Receipt or Generation of Confidential, Sensitive, or Proprietary Information. Engineering and technology; Map The 9×515 ECCNs describe “spacecraft,” related items, and some radiation-hardened microelectronic circuits that were once subject to the ITAR under USML Category XV. The exclusion for fundamental research from export controls applies to technical data only, “Fundamental Research” – NSDD 189, National Policy on the Transfer of Scientific, Technical and Engineering Information, defines fundamental research as “… basic and applied research in science and engineering, the results of which ordinarily are published and shared broadly within the scientific community, as distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary or national security reasons.”. Department of State – https://www.pmddtc.state.gov/. Disciplines: Provide an overview of specialty groups in Science and Technology. . Frascati Manual: Proposed Standard Practice for Surveys on Research and Experimental Development, 6th edition. If this search results in a match of either the institution or individual, the contemplated visit/transaction/collaboration/contract must be reviewed and approved by LBNL Export Control prior to moving forward. . Actor-network mapping. Export Control Commodity Number  –  A key in determining whether an export license is needed from the Department of Commerce under the EAR is finding out if the item you intend to export has a specific Export Control Classification Number (ECCN). However, if you plan to export an EAR99 item to an embargoed or sanctioned country, to a restricted party , or in support of a prohibited end-use, you may be required to obtain a license. 15 C.F.R. Note: Although this term is used informally to describe items that are subject to the EAR, purely commercial items are also subject to the EAR (see EAR 734.2[a], Scope of the Export Administration Regulations). A deemed export can also occur when technology is transferred to a foreign national by allowing use of controlled equipment that meets the “use technology ” threshold. Export and Import of Nuclear Equipment and Material.


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