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Articles of Interest

 Date: September 8, 2008
Title: Professor's Conviction Serves as a Warning
Subject: Export Control Regulations and Restrictions

As a 70 year-old retired professor awaits sentencing for conspiracy, fraud, and violation of the Arms Export Control Act, the academic community must decide what lessons his case teaches. J. Reese Roth faces 160 years in prison and more than $1.5 million in fines for what he calls a misunderstanding. “My understanding was that [the restriction] only applied to things that worked, and we had not shown that,” Roth said during his trial, according to a news report.

The Roth case serves, at least, as an example of how severe the consequences of violations can be, and as a nudge for all administrators, to review or, where necessary, establish clear institutional policies and communicate them to researchers.


Date: July 31, 2008
Title: DDTC Updates FAQs for Commodity Jurisdiction
Subject: Directorate of Defense Trade Controls, Bureau of Political-Military Affairs, U.S. Department of State

The DDTC has updated the frequently asked questions on commodity jurisdiction on their website. The FAQ’s listed were chosen based on numerous questions that the DDTC Response Team has been answering frequently. See more ...]

Tag: DDTC, Commodity Jurisdiction, Furtherance Agreements


Date: July 21, 2008
Title: Defense Federal Acquisition Regulation Supplement; Export- Controlled Items (DFARS Case 2004-D010)
Subject: Interim rule with request for comments

DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for complying with export control laws and regulations when performing DoD contracts. The rule recognizes contractor responsibilities to comply with existing Department of Commerce and Department of State regulations. The rule adds two new clauses to be used when export- controlled items, including information or technology, are expected to be involved in the performance of a contract, or when there is a possibility that export-controlled items, including information or technology, may come to be involved during the period of performance of the contract.

URL: http://edocket.access.gpo.gov/2008/E8-16673.htm

Tag: DoD, DFARS, Export Control


Date: July 5, 2008
Title: Release of Technical Date to Foreign Employee
Subject: "Deemed Export" rule

TFC Manufacturing Inc., a California-based aerospace fabrication facility has been charged with violating the “deemed export” rule. The Commerce Department’s Bureau of Industry and Security has required the company pay a $31,500 penalty.

From March to April 2006, TFC Manufacturing Inc. released unlicensed US technology for the production of aircraft parts classified under ECCN 9E991. The company gave the information to an employee who was a national of Iran, under the Export Administration Regulations; this release of technology to a national of Iran is deemed to be an export and is prohibited without a license.

URL: http://www.djacobsonlaw.com/2008/05/bis-imposes-31500-penalty-on-california.html

Tag: BIS, Deemed Exports, Supplemental Clarification on Deemed Export, EAR (PDF)


Date: June 30, 2008
Title: Customs and Border Protection Searches
Subject:
CBP Laptop Searches (Leadership Journal)

As the nation’s frontline border agency, U.S. Customs and Border Protection (CBP) encounters more than one million travelers every day at U.S. ports of entry and is responsible for enforcing more than 600 federal laws at the border, including laws relating to narcotics, intellectual property, child pornography and other contraband, and terrorism. [See more...]

Tag: CBP, Intellectual Property


Date: April 22, 2008
Title: Appeal Court rules on Laptop Searches
Subject: Laptop Searches at the Border

Federal agents at the border do not need any reason to search through travelers' laptops, cell phones or digital cameras for evidence of crimes, a federal appeals court ruled Monday, extending the government's power to look through belongings like suitcases at the border to electronics. [See more...] (Tiny PDF icon)

Tag: CBP, Intellectual Property, Export Regimes


 Date: June 26, 2008
Title: Memorandum for Secretaries of the Military Departments
Subject: Contracted Fundamental Research

The Department of Defense (DoD) issued a memo that fully supports free scientific exchanges and dissemination of research results to the maximum extent possible. Critical to enabling exchanges and dissemination is an understanding on the part of DoD program managers, potential grantees, and contractors of the policies governing restrictions that may be imposed by the DoD on basic and applied research. Understanding will help guide DoD program managers, and contract and grant recipients, in making plans and decisions that will affect performance of research under DoD awards and implementing measures that may be needed to comply with security controls.

The memo makes clear that research that is a product of fundamental research is to remain unrestricted to the maximum extent possible, and that an award should not be managed or executed in a manner that it becomes subject to controls under U.S. statues, including export control.

See letter outlining the full memorandum (Tiny PDF icon).

Tag: Fundamental Research, DoD


 Date: January 11, 2008
Title: Panel faults restrictions on sensitive research
Subject: Deemed Exports

After more than a year of study, a commission appointed by the U.S. Commerce Department has found widespread fault with the restrictions the government imposes on university research laboratories in the name of protecting military secrets.

The Deemed Export Advisory Committee, whose 11 members include leaders from several research universities, said in its report that many U.S.-government efforts to prevent high-technology secrets from falling into enemy hands are misguided, wasteful, and ineffective.

See article.

Tag: Deemed Exports


 Date: July 27, 2006
Title: Laptop Border Searches
Subject: Can border agents search your laptop? Yes.

Stuart Romm boarded a plane in Las Vegas on February 1, 2004. When he got off the plane in British Columbia, Canada's Border Services Agency stopped Romm for questioning. After learning that Romm had a criminal background, Agent Keith Brown searched his laptop and discovered child porn sites in Romm's Internet history list. Canada then bundled Romm back onto a plane to Seattle, where US Customs agents had a chance to question him further.

See full article of story (Tiny PDF icon) on why submitting your laptop to an X-ray is no longer enough.

Tag: CBP, Intellectual Property

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