Effective Date: December 27, 2011
Expiration Date: December 27, 2016
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a. This NASA Procedural Requirements (NPR) document provides instructions and requirements for implementation of NASA Policy Directive (NPD) 2190.1 NASA Export Control Program. Specifically, this NPR provides requirements, instructions, and responsibilities for all NASA employees and NASA support contractors engaged in activities that involve the transfer of commodities, software, or technologies to foreign individuals or organizations. Such transfer activities are regulated by export control laws in order to protect the national security and to further U.S. foreign policy objectives. These are primarily codified in the U.S. Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) that are administered by the Departments of Commerce and State, respectively. The NASA Export Control Program is a NASA-wide (Headquarters and Centers) system established to ensure that exports and transfers to foreign parties in the course of approved international activities are consistent with the EAR and ITAR. Most exports can proceed without prior specific written authorization, or "validated license," under various Exceptions, Exemptions, or Special Licensing Procedures. This NPR establishes criteria for fully qualifying for such Exceptions and Exemptions, as well as complying with export control requirements, generally.
b. The NASA Export Control Program is based on a "corporate" philosophy that says: "We want to maximize the benefits of our international efforts while ensuring that we comply with U.S. export control laws and regulations." This is the personal responsibility of each employee. It is a tangible expression of the Agency's statutory mandate and mission in the responsible pursuit of appropriate international activities involving transfers of technologies, software, and commodities. The Export Control Program (ECP) is the mechanism within the Agency that provides checks and safeguards at key steps in program development and implementation to help manage international activities. Absent an effective ECP, NASA and its employees risk running afoul of the EAR and ITAR, which may result in criminal, civil, or administrative enforcement actions against NASA, individual employees, and/or private contractors.
a. This NPR is applicable to NASA Headquarters and NASA Centers, including Component Facilities and Technical and Service Support Centers. This language applies to the Jet Propulsion Laboratory (JPL), a Federally Funded Research and Development Center (FFRDC), other contractors, grant recipients, or parties to agreements only to the extent specified or referenced in the appropriate contracts, grants, or agreements.
b. In this directive, all mandatory actions (i.e., requirements) are denoted by statement containing the term "shall." The terms "may" or "can" denote discretionary privilege or permission, "should" denotes a good practice and is recommended, but not required, "will" denotes expected outcome, and "are/is" denotes descriptive material.
NPD 2190.1, NASA Export Control Program.
a. Export Administration Regulations, 15 C.F.R. pts. 730-774.
b. International Traffic in Arms Regulations, 22 C.F.R. pts. 120-130.
Adherence to this policy will be measured by whether exports are executed in a timely manner sufficient to meet NASA program objectives, by the extent to which NASA exports are compliant with U.S. laws and regulations, and by annual reviews conducted by the Center Export Control Auditors (ECA).
NPR 2190.1, NASA Export Control Program, dated April 10, 2003.
Michael F. O'Brien
Associate Administrator for
International and Interagency Relations
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