Export Control of Technical Data

Employee Responsibility to Control Access to Controlled Technical Data - SVSU employees who are responsible for documents which contain controlled technical data as part of their job responsibilities shall ensure that access to those documents is not given to any employee, visitor, or subcontractor who is a foreign person, unless an export license has been obtained in accordance with ITAR or the EAR.

If there is any question as to whether or not an export license is required, contact Sponsored Programs asap/at least three months prior to the visit or desired date of export to enable SVSU to obtain the necessary license if required.  In instances where an export license is require, the SVSU employee desiring to make the export shall submit to Sponsored Programs the necessary details to facilitate a license application to cover the proposed export.

Further, technical information cannot be forwarded by an SVSU employee by any means to any international destination unless a determination has been made by qualified personnel in Sponsored Programs that the materials are adequately licensed or do not require licensing.  Any question regarding whether a license is required must be resolved by Sponsored Programs.

Personnel wishing to forward documents to any foreign destination or to any foreign person must confirm with their Project Manager that such proposed export has been appropriately licenses, or that a formal determination has been received from Sponsored Programs confirming that an export license is not required.

Each college is responsible for coordinating with SVSU’s Shipping Department, in consultation with Sponsored Programs when necessary for monitoring every international shipment to ensure that the appropriate export control statement is specified on the shipping documentation.  The same coordination is required for confirming with Sponsored Programs that the license information approving a respective shipment is accurate prior to releasing product to the carrier. 

Export Office Manager Responsibilities - The Executive Director of Institutional Effectiveness is responsible for coordinating and processing all export license applications for the export of commodities, defense articles, technical data, and defense services, and shall otherwise coordinate export compliance, including filing all necessary Commodity Jurisdiction Requests with DDTC.  In such capacity, Sponsored Programs shall implement and maintain the following procedures:

Licensing of Technical Data Exports - SVSU classified and controlled unclassified technical data to be exported to foreign persons, foreign governments, foreign entities or international organization require either an ITAR or EAR technical data export license prior to export, unless a license exemption or exception applies.

Military Use Technical Data Exports Under the ITAR

• Prepare and file license application Form DSP-5 with DDTC for the export of unclassified technical data.
• Prepare and file license application Form DSP-85 with DDTC for the export of classified technical data.
• Prepare and file a Technical Assistance Agreement for the provision of Defense Services.
• Prepare and file a Manufacturing License Agreement for agreement relating to the manufacture of ITAR controlled commodities.

Note:  License applications for the export of software/source code under ITAR jurisdiction are referred to the Defense Technology Security Administration (U.S. Department of Defense) Technology Security Directorate (TSD) for review, and are prepared in accordance with April 8, 1997 guidance issued by the Department of Defense.

Document and Data Storage Requirements - Where applicable, each division shall maintain a complete record/library of all ITAR controlled documents transferred to any foreign party, whether in written, electronic, or computerized form.  All such documents will be stored in a separate secure storage location.  Access to this storage location will be controlled by the Project Manager within each division.

Photocopying or other dissemination of controlled documents shall be controlled by a designated Project Manager within each division.  Document dissemination shall be limited to U.S. persons and foreign person employees authorized to receive technical data.  The records of photocopy dissemination are to be included in the library and maintained by the Project Manager or the person designated by the Dean or Vice President within each division, who shall ensure that all parties receiving controlled technical data are properly authorized.

All documents received or created by SVSU containing controlled technical data shall be marked conspicuously with a legend identifying the document, and the data contained therein, as controlled under U.S. export control laws and regulations.  The legend shall also instruct that SVSU and its employees shall not use or disclose the document or technical data in any manner contrary to the laws and regulations of the United States.  Specific language may be obtained from Sponsored Programs.