EXPORT COMPLIANCE

International TravelRUEC Module RU002

Robert PhillipsRutgers Export Compliance Officer

09/11/2012

International Travel

• This module is intended to assist international travelers thru awareness of export control issues that may arise thru international travel.

• A review by the Rutgers Export Compliance Officer may be required prior to travel

• Review of Rutgers Export Control Awareness module RU001 is suggested prior to this module.

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International Travel

• Rutgers University faculty, staff and students who travel outside the United States, whether to a conference, for field work or to collaborate with another institution must be aware that their Rutgers hardware, software and technology, including Laptops, PDA’s, Cell Phones and Digital Storage Devices are subject to U.S. Export Controls.

• Such “exports” may require a license from the U.S. government prior to travel. 

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International Travel

• Where do we start:– Step 1: What are you taking with you?– Step 2: Where are you going?– Step 3: Who are you meeting?– Step 4: Why do they want to collaborate?

• The completion of each step will assist in final determination of what may be required prior to International Travel.

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Step 1: WHAT are you taking with you?• Clean Electronics

– a Laptop, PDA, Cell Phone or Digital Storage Device that does not contain any export restricted software or technology.

– Used to check e-mail, access non controlled data.• But you may need to bring some information with

you:– What is on the electronic device

• Information in the public domain-OK• Information obtained thru fundamental

research-OK• Information obtained thru a Grant that

identified controls on foreign nationals-May require an Export License 5

Step 1: WHAT are you taking with you?

• An item, technology or software controlled by ITAR.– In almost every scenario you will need to

obtain an export license prior to travel.• An item, technology or software controlled by

EAR.– In several scenarios' the EAR allows a U.S.

Citizen to travel internationally with EAR controlled items, technology or software.

– The following scenarios' are covered under License exception TMP.

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Step 1: WHAT are you taking with you?• License Exception - TMP 740.9(a)(2)(iii) Temporary exports –

Exhibition and Demonstration“– Allows you to take the Rutgers University owned device,

software and/or technology.– You Must:

• Retain physical possession, or secure in such an environment as a hotel safe, a bonded warehouse, or a locked or guarded facility.

• Allows minimum required for effective demonstration. • May not be exhibited or demonstrated at any one site more

than 120 days.– Restrictions:

• Does NOT INCLUDE: Cuba, Iran, North Korea, Sudan or Syria*• NO ITAR hardware, software or technology.• NO Listed entity or person.

– http://www.bis.doc.gov/export_consolidated_list/consolidated_party_list_final.txt

– No AES if validated license is not required.7

Step 1: WHAT are you taking with you?

• License Exception - TMP 740.9(a)(2)(i) "Temporary exports – Tools of trade"– Allows you to take the Rutgers University owned device,

software and/or technology.– You Must:

• Retain physical possession, or secure in such an environment as a hotel safe, a bonded warehouse, or a locked or guarded facility.

• Must be brought back within 1 year.– Restrictions:

• Does NOT INCLUDE: Cuba, Iran, North Korea, Sudan or Syria*

• NO ITAR hardware, software or technology.• NO Listed entity or person.

– http://www.bis.doc.gov/export_consolidated_list/consolidated_party_list_final.txt

– No AES if validated license is not required.8

Step 1: WHAT are you taking with you?

• License Exception – TMP– In many cases the use of TMP requires

reporting to BIS.– In coordination with Rutgers Export Control

Officer a TMP Cover Letter can be good for up to 12 months and cover multiple projects.

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Step 2: Where are you going?

• Depending what you are taking with you, export controls may vary.• Exports to the U.K. are viewed differently than

Exports to the P.R.C.• In most cases embargo destinations will

require a license and in most cases will be denied.– Cuba, Iran, North Korea, Sudan or Syria.

• If your travel includes an Embargo Destination contact the Rutgers Export Control Officer.– Just because they wont stop you from buying a ticket

in Mexico City, USCBP in EWR will be very interested in that passport stamp.

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Step 3: Who are you meeting?

• Screening– The Dept. of Commerce, Dept. of State and

Dept. of Treasury all maintain lists of Persons and Entities that may be prohibited from export transactions.

– An export license may be required based on who you are meeting.

– Consolidated list-»http://www.bis.doc.gov/

export_consolidated_list/consolidated_party_list_final.txt

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Step 4: Why do they want to collaborate?• More of an Art than a Science!

– What is the actual End Use of your knowledge?– Ulterior motives?

• Your research into low power IC’s or your paper on radiation hardened IC’s?

• Your expertise on traffic flow in urban area’s or the high end proprietary encryption on your laptop.

• Your knowledge of early American literature or the list of Israeli students and or scientists at Rutgers?

– Signs you may not be in Kansas anymore…..• Military uniforms in your audience. • Meeting location changed to a military base.• Questions not in line with your work or presentation.• Leave your things here, no one will touch them.

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Remember!

• Before you leave the U.S.– Consider what you are taking, where you are going, who you

are working with, and why are they collaborating with you (what is the desired end result?). It is important to consider each trip separately as regulations change frequently.

– Upon your return to the US, your laptop and other electronic devices may be subject to search or it may be seized without probable cause, suspicion or warrant. Be sure to safeguard your personal, sensitive, export controlled, and proprietary data appropriately.

• If you don't need it – Leave it!

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International Travel• Some quick points:

– Data obtained from Fundamental Research is not controlled.

• But the equipment used to obtain the data may be controlled.

– Items in the scope of the ITAR will always need an Export License.

– Items in the scope of the EAR may need a license, but in many cases will qualify for the TMP exception.

– Travel to embargo destinations will require a license and in most cases will be denied.

– Collaboration with another institution or meeting with persons and or entities on certain lists will require a license and in most cases will be denied.

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DON’T LET THIS HAPPEN TO YOU!

• Why the Professor Went to Prison– http://www.businessweek.com/articles/2012-11-01/why-the-

professor-went-to-prison

• Sandia National Labs Scientist Arrested– http://www.redorbit.com/news/science/1112549346/sandia-

national-labs-scientist-arrested/

• Laptop Travel Arrest– http://www.npr.org/templates/story/story.php?

storyId=161820420

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For more information on travel, visit Rutgers travel guidelines• Rutgers IT Security Guidelines for Domestic and

International Travel– http://rusecure.rutgers.edu/content/it-security-guidelines-

domestic-and-international-travel

• Rutgers Centers for Global Advancement and International Affairs:– http://global.rutgers.edu/services/travel

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Questions?

• Rutgers Export Compliance Officer (RECO), Robert Phillips, is available to meet with individuals or groups to provide assistance, training or explain the regulations as they may be applicable to the work being done.

• He can be reached at 848-932-4522, or via email at robert.phillips@rutgers.edu

• Export Compliance website:– http://vpr.rutgers.edu/export.php

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