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The following misconceptions about export controls can lead to compliance problems
if proper export procedures are not followed. Think about them. And if any of these apply to you and
your work activities, check with your supervisor or NPS’s ECWG.
- I don’t have an export situation because the type of information I will be communicating
has already been openly published in national journals for many years.
As the research moves into development and is considered for licensing or patents, export controls
could apply.
- If we don’t export NPS documents directly to foreign countries, we don’t need to worry
about export controls.
If you have indicated an unlimited (i.e., uncontrolled) distribution for your document, you have implicitly
released the technology to all countries.
- I don’t have an export problem because my publications in this field have not been restricted
in the past.
While fundamentally true, you should have a clear understanding of the sponsor’s intent as applied to
licensing of key technologies to private industry.
- The Department of Defense or my government-tasking agency will handle all export problems for
me.
The Department of Defense in coordination with the Department of State determines what technologies are in
the Military Critical Technologies List or MCTL. However, as any new technology emerges, NPS should conduct
reviews on behalf of the DOD and other agencies to ensure consistency and timely approval.
- Unclassified information cannot be sensitive from a national security standpoint.
The enormous growth in activities with federal, state, and local homeland security issues clearly contradicts
the notion of a blanket release of unclassified information without concern for national security. More
importantly, many unclassified controls (e.g., export controls) are applied when economic competitiveness is
the principal concern.
- My technical data isn’t sensitive, critical, emerging, or advanced, so export control is not an
issue.
Even if your work clearly fits all these criteria, the tools you use to acquire the data could be controlled
in regard to foreign national participation. In short, you are the principal mechanism for ensuring that export
controls are considered and appropriate reviews are obtained when foreign nationals are included in the work
force assigned to your effort.
- All of my contacts are with companies in the US, and I only ship to US addresses, so I do not have
to worry about export control.
The Department of Commerce has a Denied Parties List of individuals and corporations, some of which are in the US
or are US citizens who may not receive controlled technologies, software, or commodities. However, as long as your
interactions are processed through NPS procedures, this will be checked for you.
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