ITAR Part 127- Violations and Penalties. (22 CFR Parts 120-130)

EAR Part 764.1-Enforcement and Protective Measures. (15 CFR 730-774)


Training Materials and Opportunities

Whenever possible, the Export Compliance section will offer in-person training seminars as well as access to informational materials, such as:

In furtherance of SAO’s significant statutory and regulatory obligations to maintain a compliant Export Control system, SPP recommends that project personnel who have, or foresee, involvement in international collaborations, consider taking one of the many short seminars offered under the auspices of the U.S. Department of Commerce, Bureau of Industry and Security (BIS), Outreach and Educational Services Division.

Information on the location, frequency, and content of seminars may be found on the BIS Seminar and Training web page. A course that we think is quite thorough, comprehensive, and informative and allows the participant to gain more insight into the processes and procedures associated with this complex topic is the "Complying with U.S. Export Controls Export Regulations" course, which is a 2-day course costing approximately $300 that is offered annually by the Department of Commerce on Long Island, NY, as well as many other locations throughout the country.

In addition to classroom training opportunities, BIS occasionally offers free "Webinar" broadcasts. Recent “Webinars” have been archived by BIS and are available to access free of charge on their website. This information supplements, but does not supplant, the SAO Export Control Policy. If you have any questions regarding the content of these “Webinars,” or any other ITAR/EAR issues, please contact Natascha Finnerty, the SAO Export Compliance Officer (SAO/ECO).

Please note: when you select the link below, you are leaving the CfA Web Site and no guarantees can be made as to the security of outside sites. Should you experience difficulty viewing either the PDF or video formats, please contact your computer support help desk to ensure you have the necessary software programs. BIS Archived Webinar Programs


Frequently Asked Questions

1. What kind of document markings (e.g., the footer on this message) is considered necessary? Some of our viewgraphs only say "ITAR Restricted," is that sufficient?

"This communication [may] contain(s) information subject to United States export control regulation under either the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 121, of the United States Department of State, the Export Administration Regulations (EAR), 15 CFR Part 774, of the United States Department of Commerce, or both. Export of this information to foreign persons, entities, or countries is subject to prior license or exemption by the applicable agency."

Perhaps the viewgraphs can have "U.S. EXPORT (ITAR/EAR) CONTROLLED." While, at the start of presentations, in handouts, etc. the above statement can be prominently inserted or read.

2. What level of security is appropriate on our files, computer databases and web pages?

Ordinary care in accordance with export control regulations, SAO standards and generally accepted scientific research practices ought to be sufficient. The regulations prescribe no level of security. However, controlled materials should be maintained securely as a best practice.

Where materials are controlled subject to these regulations, no affirmative act or omission should allow them to fall ordinarily into the control of unauthorized persons, entities, or countries.

Ordinarily, whatever reasonable actions or procedures are necessary to meet regulatory obligations is the appropriate level of security for files, databases and web pages.

3. What defines data that is in the public domain and therefore sharable?

There is no clearly reliable bright-line definition of information in the public domain for the purposes of the export control regulations. The better approach to this issue is to be prepared to justify a claim that information is in the public domain and therefore sharable.

Where information has been published or made available on a publicly accessible website, is ordinarily communicated to students in the course of instruction, is general and theoretical as opposed to specific and technical, etc., there is a more persuasive case that it is in the public domain.

HOWEVER, there are notorious cases where the communication of information that is generally accepted as in the public domain is nevertheless held subject to export control regulation due to the party/end-user to whom it is to be communicated.

4. We have heard that SAO might be classifiable as an educational institution of the purposes of ITAR and therefore be relieved from some of the strictures of the process. Has that happened?

SAO conducts business as a Non-Profit organization. There are no known initiatives to change our classification to that of an educational institution for the purposes of the export control regulations.

However, there really does not appear to be any appreciable relief from the strictures of these processes whatever the operational classification.

5. What are the ITAR/EAR general restrictions on the use of e-mail and other communications?

Any transfer of information covered by the U. S. Munitions List (USML) or the Commerce Control List (CCL) to any person, either within or outside the U. S., with knowledge or intent that the information will be transferred outside of the U. S., is restricted and requires a license. The following are not restricted:

6. Is there any cutoff date for ITAR/EAR applicability?

Our obligation under ITAR/EAR arose whenever the relevant implementing regulations were first promulgated. Consequently, retrospective applicability goes back farther than a decade. However, there is a standard records retention requirement of five (5) years from the expiration of a State Department (ITAR) license, or other governmental approval, in effect.

Updated 4/7/2008