1 - RAP-11/17/08

Export Compliance Laws

• JPL has required annual Export Compliance Training for all employees

• Main legal regulations on which training is based

• International Traffic in Arms Regulations (ITAR) - controls technical data and know-how

• Export Administration Regulations (EAR) - controls commercial or dual-use items (Covers mainly computing/software technology- requires license or exemption)

2 - RAP-11/17/08

ITAR Regulations

• ITAR rules

• Involve both international collaboration and foreign employees

• Include items that could have military use (not all items require a license)

• Cover export of hardware, release of technical data, and transfer of technical assistance to a foreign person

• Include oral, written, electronic or visual communication

• Fundamental research and information in the public domain is not subject to ITAR

• Providing specific references to, or interpretation of, information in the public domain is considered technical assistance

• Foreign person definition

• Does not include green card holder or any business entity or group incorporated in U.S.

• Does include foreign business entities and groups not incorporated in U.S., foreign governments, or anyone representing a foreign entity

3 - RAP-11/17/08

Export Laws - Bottom Line

• ITAR/EAR regulations are a pain, but manageable

• Do cause increase to project costs and bureaucracy

• Transfer of technical items, data, or assistance requires approved “export authority”

• Most major JPL projects involve foreign collaboration

• Many foreign nationals work at JPL

• Although JPL and industry pay closer attention to the rules, universities are not exempt

• Professors and students have been prosecuted

• Stay tuned - regulations may change

• Industry lobbying Congress

• Recent government study concludes regulations have adverse affect on U.S. security

4 - RAP-11/17/08

Draft PrepSKA IP Principles - from Peter Dewdney

• Key subsystems

• SKA project must have unrestricted access to IP, especially components that do not have a variety of commercial substitutes

• Need detailed understanding of their performance and cost, and design tradeoffs - only possible if SKA owns design(s), including copyright of drawings and documents

• Key production technology

• The same principle as above could apply

• Otherwise need adjustments to project’s risk register and cost contingencies

• R&D and/or design contracts

• SKA project should have unfettered access to foreground IP produced

• If necessary for construction, should attempt to acquire rights to background IP

• Access to IP will enable “build-to-print” contracts

• Allow predictability, fixed price contracts, and procurement flexibility

• SPDO or successor will have to be legal entity to let contracts or own IP