NASA Procedural Requirements

NPR 2190.1C Effective Date: September 08, 2017 Expiration Date: September 08, 2028

Subject: NASA Export Control Program (Revalidated w/change 1)

Responsible Office: Office of International and Interagency Relations

Chapter 8. Questions of Compliance and Violations

8.1 General

NASA is 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 ITAR and the EAR require voluntary self-disclosure if an exporter finds errors or noncompliance in export activities, the errors were inadvertent. The voluntary disclosure of all the facts and circumstances may serve as a mitigating factor in determining what administrative sanctions or penalties will be sought. Voluntary disclosures may be considered a mitigating factor when they are received by DDTC (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 DDTC 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. 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. Further guidance on voluntary disclosures is provided in NAII 2190.1.

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.

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