Res 2010-133 - Laserfiche WebLink

Home Browse Search

14. Compliance with Department of Commerce Bureau of Industry and Security Export Administration Regulations. a. This clause applies to the extent that this Award involves access to export- controlled information or technology. b. In performing this Award, the Recipient may gain access to export - controlled information or technology. The Recipient is responsible for compliance with all applicable laws and regulations regarding export- controlled information and technology, including deemed exports. The Recipient shall establish and maintain throughout performance of this Award effective export compliance procedures at non -DOC facilities. At a minimum, these export compliance procedures must include adequate controls of physical, verbal, visual, and electronic access to export- controlled information and technology. c. Definitions. (i) Deemed Export. The Export Administration Regulations ( "EAR ") define a deemed export as any release of technology or source code subject to the EAR to a foreign national, both in the United States and abroad. Such release is "deemed" to be an export to the home country of the foreign national. See 15 C.F.R. § 734.2(b)(2)(ii). (ii) Export - controlled information and technology. Export- controlled information and technology subject to the EAR (15 C.F.R. §§ 730 -774), implemented by the Department's Bureau of Industry and Security, or the "International Traffic In Arms Regulations" ( " ITAR ") (22 C.F.R. §§ 120 -130), implemented by the Department of State, respectively. This includes but is not limited to dual -use items, defense articles and any related assistance, services, software, or technical data as defined in the EAR and ITAR. d. The Recipient shall control access to all export- controlled information and technology that it possesses or that comes into its possession in performance of this Award, to ensure that access is restricted, or licensed, as required by applicable federal laws, Executive Orders, or regulations. e. Nothing in the Terms and Conditions of this Award is intended to change, supersede or waive the requirements of applicable federal laws, Executive Orders, or regulations. f. The Recipient shall include this subsection entitled "Compliance with Department of Commerce Bureau of'Industry and Security Export Administration Regulations," including this subparagraph (f), in all lower -tier transactions (sub- awards, contracts, and subcontracts) under this Award that may involve access to export- controlled information technology. 37