Technical discussions between Laboratory employees and foreign colleagues who aren't United States citizens may fall under the export control regulations and laws of the U.S., according to the Laboratory's Export Working Group. Technical topics that deal with fundamental research directly related to high explosives or military or satellite applications of specific technologies may be export controlled. If the information is publicly available, it is generally not export controlled. Information is controlled by Department of Commerce Export Administration Regulations or the State Department's International Traffic in Arms Regulations (ITAR) and may require an export license before being provided to a foreign national citizen.Laboratory personnel are reminded that technical discussions are easy and natural to have because the Lab is in the technology business, and that even casual and social conversations at conferences, over dinner or entertaining at home, if they include technical topics, may fall under export control laws.
According to the Department of Commerce, these types of interactions are termed "deemed exports." When technology, meaning technical assistance or technical data, is provided to a foreign national within the U.S. the technology is "deemed" to be an exported product to the country where the foreign national is a citizen.
These regulations apply equally to retirees and active Lab employees as well as to all interactions within the United States, regardless of place of employment or employment status. Active Lab employees are required to take the "Export Control Fundamentals" course, and, if they interact with foreign colleagues, the "Transferring Technology to a Foreign Country or to a Foreign National in the U.S." course. Both courses can be found at http://int.lanl.gov/training/bus.shtml online under "Exporting, Importing and Foreign Matters."
Lab retirees should be sensitive to the possibility of deemed exports and contact Classification (S-7) or Property Management (BUS-6) if they have a concern or question. Laboratory policy regarding export controls is contained in Laboratory Implementation Requirement (LIR) 406-03-10.1.
Penalties for violating the export control laws can be quite severe. For example, fines up to $100,000 can be assessed for unknowing violations, and as high as $250,000 and a 10-year incarceration for knowingly violating the laws.
According to the Export Working Group, a casual conversation with a foreigner at a conference or at dinner may be considered a deemed export if the discussion includes unpublished and non-fundamental research technical topics.
For more information contact S-7 at 7-5011 or BUS-6 at 5-2194. For a list of Questions and answers on deemed exports, go to the Bureau of Industry and Security Web site at www.bxa.doc.gov/DeemedExports/DeemedExportsFAQs.html online.