Product Technology and Destination Restrictions
Proscribed Countries Under the ITAR - The ITAR prohibits defense articles or services from being exported to certain countries. Imports originating from these proscribed countries are also prohibited. There is a presumption of denial from any application to DDTC for a license or other approval for defense articles, services, or technical data involving a proscribed country. Section 126.1 of ITAR identifies the proscribed countries subject to this policy of denial. No sale or transfer and no proposal to sell or transfer (whether in the United States or abroad) of any defense article, service, or technical data may be made to these countries, including the embassies or consulates of such countries, without an appropriate license. Nor may any shipments of defense articles be made on a vessel, aircraft, or other means of transportation that is owned or operated by, or leased to or from, any of the proscribed countries.
Embargoed Countries and Parties - The OFAC administers embargoes and economic sanctions against certain countries. Any business activity involving countries subject to embargo or economic sanctions, or parties owned/controlled by these countries must be appropriately licensed.
Proliferation Screening - The U.S. Government restricts exports to entities engaged in proscribed proliferation activities including nuclear weapons development, missile developments, and chemical/biological weapons development. SVSU will conduct a nuclear, missile, and chemical/biological weapons end-uses and end-users screen to determine whether the transaction involves such end-uses or end-users. If the export transaction involves entities engaged in proliferation activities, no export may occur until the appropriate U.S. Government export authorization is obtained.
Transactional Red Flags - The presence of a “red flag” requires the transaction to be halted until the circumstances creating the red flag are explained and cleared. Red flags that are not cleared by Sponsored Programs shall be brought to the attention of the EO and/or Empowered Officials for resolution. A list of Transactional Red Flags is found in the U.S. Government Agencies with Jurisdiction over Exports.
Classified Materials
Classified Materials
Anything classified by either a U.S. or foreign government falls under the jurisdiction of ITAR and needs a license to be carried in or out of the United States. SVSU employees should not avoid discussing a project with appropriately cleared Sponsored Programs “because the project is classified.” Sponsored Programs staff have appropriate clearances to discuss classified projects and can advise you on applicable export regulations without compromising the classified nature of the project. There can be unique export regulations for classified material, so it is important that divisions consult Sponsored Programs for guidance.
U.S. Government Clients
U.S. Government Clients
SVSU staff must go through Sponsored Programs to obtain approval to export even where the export is on behalf of or at the direction of a U.S. Government agency. Although your client may claim that export approval is not required, Sponsored Programs must verify this to
a) ensure that SVSU is fully compliant with all laws and regulations, and
b) maintain the required export authorization in its recordkeeping system, which is subject to federal audit at any time.
Agreements and Contracts
Agreements and Contracts
All agreements and contracts with customers, partners, suppliers, and other business associates that involve the export of products or technology must include appropriate clauses, terms, or conditions affirming a commitment to compliance with all applicable export control laws and regulations.
Anti-boycott Compliance
Anti-boycott Compliance
SVSU must not participate in any economic boycott that is contrary to U.S. anti-boycott laws and regulations. SVSU will not provide boycott-related information or prohibited statement to any party, and will report such requests to the U.S. Government. Any agreements, letters of credit, shipping instructions, or other business documents that contain requests for information related to country or origin, business with boycotted countries, religion, race, or national origin must be referred to the EO for review and resolution. Required report to the U.S. Government of boycott-related requests will be managed and submitted on behalf of SVSU by the EO.
Escalation
Escalation
Any export control issues that cannot be resolved by Sponsored Programs will be referred to the EO and or an Empowered Official. Where appropriate, outside experts, either governmental officials or other knowledgeable sources, will be consulted regarding the propriety of specific export transactions.
Maintenance of Records
Maintenance of Records
Records of export control screening, export transactions, and export documentation must be maintained for a minimum of five years from the date of shipment or expirations of the license, whichever is longer. Export records are filed and stored in designated areas, clearly labeled, protected from damage, and inadvertent destruction, and arranged and indexed to provide for timely retrieval.
Penalties
Penalties
Penalties for violating U.S. export laws and regulations are severe and may be assessed against an individual employee, as well as the university. Employees who violate U.S. export laws and/or the policies contained within this website are subject to disciplinary action up to and including termination of employment with SVSU. The U.S. Government Agencies with Jurisdiction over Exports lists the potential penalties associated with violations of the AECA/ITAR and the EAA/EAR.
Reporting Violations
Reporting Violations
SVSU employees are encourage to notify their supervisor, Sponsored Programs, or the EO of any suspected violation of U.S. export laws and regulations, or any suspected violation of the export laws and regulations of a foreign country in which SVSU conducts business. The EO will determine the course of action regarding any voluntary disclosure on the part of SVSU to a government agency.
Directed Disclosures
Directed Disclosures
If a U.S. government agency believes that SVSU has violated export regulations, they will direct SVSU to conduct an internal investigation of the problem. Sponsored Programs initiates and coordinates the investigation, and oversees preparation of the findings to the agency in a “Directed Disclosure.” IN the event that your college or center is the subject of such a directed disclosure, you must fully cooperate with Sponsored Programs internal investigation.
