NASA Procedures and Guidelines
This Document is Obsolete and Is No Longer Used. Check the NODIS Library to access the current version: http://nodis3.gsfc.nasa.gov
NPR 2190.1B Eff. Date: December 27, 2011 Cancellation Date: September 13, 2017	NASA Export Control Program
| TOC | Preface | Chapter1 | Chapter2 | Chapter3 | Chapter4 | Chapter5 | Chapter6 | Chapter7 | Chapter8 | AppendixA | AppendixB | AppendixC | AppendixD | AppendixE | ALL |

Chapter 8. Questions of Compliance and Violations

8.1 General

NASA must be a responsible exporter. Noncompliance with U.S. export control laws and regulations and NASA's Export Control Program could result in schedule and cost overruns, criminal, civil, or administrative penalties against both Government officials and private contractors, and harm to the national security or foreign policy of the United States. It is every employee's responsibility to be aware of the export control laws and regulations and, whenever in doubt, to seek assistance when effecting transfers to foreign parties.

8.2 Voluntary Disclosure

8.2.1 Both the EAR and the ITAR require voluntary self disclosure if an exporter finds errors or noncompliance in export activities, even if errors were inadvertent. The voluntary disclosure of all the facts and circumstances will serve as a mitigating factor in determining what administrative sanctions or penalties will be sought. For voluntary disclosures to be considered a mitigating factor, they must be received by DTC (for ITAR violations), or the Office of Export Enforcement (for EAR violations), prior to the U.S. Government receiving similar information from another source and commencing an investigation or inquiry that involves that information. Refer to the ITAR and the EAR for specific guidance on voluntary disclosure processes at DTC and BIS.

8.2.2 Any NASA employee or NASA contractor concerned about questions of export compliance or impropriety in the area of export control should report those concerns to the CEA or CEC at the Center, or to the HEA or HEC at NASA Headquarters, in a timely manner. The appropriate CEA and HEA will immediately gather all the pertinent information, make an initial determination as to whether the subject activity should be suspended, review the facts, and determine if a voluntary disclosure is warranted. All NASA voluntary disclosures will be submitted to the appropriate U.S. Government regulatory and enforcement agencies through the HEA at NASA Headquarters' Office of International and Interagency Relations.

8.2.3 Errors in effecting exports or making transfers should not be concealed for any reason. It is better to uncover errors or mistakes, investigate, and understand the causes, and then make process changes to preclude future reoccurrence.

8.3 Violations

8.3.1 The ITAR lists U.S. criminal statutes that address violations of the ITAR. The EAR provides information on civil and criminal penalties for violations of the EAR.

8.3.2 All suspected criminal violations in the NASA Export Control Program are to be reported immediately to the HEA, who will consult with the IG and appropriate regulatory and enforcement agencies.

DISTRIBUTION:
NODIS