REG NASA NPD 2190 1 REV B-2012 NASA EXPORT CONTROL PROGRAM.pdf

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1、| NODIS Library | Legal Policies(2000s) | Search | NASAPolicyDirective NPD 2190.1BEffective Date: June 20, 2012Expiration Date: June 20, 2017COMPLIANCE IS MANDATORY Printable Format (PDF)(NASA Only) Subject: NASA Export Control ProgramResponsible Office: Office of International and Interagency Relat

2、ions1. POLICY a. It is NASA policy to ensure that exports and transfers of commodities, technical data, orsoftware to foreign persons and foreign destinations are carried out in accordance withUnited States (U.S.) export control laws and regulations, and Administration and NASApolicy. Relevant expor

3、t control laws and regulations include the Export AdministrationRegulations (EAR), 15 C.F.R. Pts. 730-774, the International Traffic in Arms Regulations(ITAR) 22 C.F.R. Pts. 120- 130,and regulations governing Assistance to Foreign AtomicEnergy Activities,10 C.F.R. Pt. 810. b. An export is the transf

4、er of anything to a “Foreign Person“ or foreign destination by anymeans anywhere, anytime. An export can be any shipment, mail, transfer, or transmissionof commodities, technology, or software, regardless whether it occurs in the U.S.,overseas, or in space, including: (1) Transfer to any person by p

5、hysical, electronic, oral, or visual means with theknowledge or intent that the items will be shipped, transferred, or transmitted outside of theUnited States. (2) Disclosure of technical data to a foreign person by physical, electronic, oral, or visualmeans within or outside of the United States (d

6、isclosure to U.S. nationals representingforeign interests are not exports unless there is knowledge or reason to know that thetechnical data will be further disclosed to a foreign party). (3) Transfer to a foreign country, embassy, or affiliate. (4) Transfer of control over a satellite or instrument

7、 onorbit. Specific definitions of “export,“U.S. person,“ and “foreign person“ are contained in the ITAR at 22 C.F.R. 120.17,125.15, and 120.16, respectively, and in the EAR at 15 C.F.R. 734.2 and Pt. 772,respectively. 2. APPLICABILITY a. This NPD is applicable to NASA Headquarters and Centers, inclu

8、ding ComponentFacilities and Technical Service Support Centers. b. This NPD applies to the Jet Propulsion Laboratory (JPL), to the extent specified in theNASA/Caltech contract for the operation of JPL. Request Notification of ChangeNPD 2190.1B - main Verify current version before use at:http:/nodis3

9、.gsfc.nasa.gov/ Page 1 of 3 NPD 2190.1B - main Verify current version before use at:http:/nodis3.gsfc.nasa.gov/ Page 1 of 3 Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-3. AUTHORITY a. The National Aeronautics and Space Act, as amended, 51 U.S.C.

10、20101 et seq. b. The Arms Export Control Act, as amended, 22 U.S.C. 2752, 2778, and 2797. c. The Export Administration Act of 1979, as amended, 50 U.S.C. 2401 et seq. d. The International Emergency Economic Powers Act, as amended, 50 U.S.C. 1701 etseq. e. Administration of Arms Export Controls, as a

11、mended, Exec. Order 11958, 3 C.F.R. 79(1977 Comp.). f. Export Administration Regulations, 15 C.F.R. Pts. 730 - 774. g. International Traffic in Arms Regulations, 22 C.F.R. Pts. 120 - 130. h. Presidential Decision Directive (PDD) 13, Nonproliferation and Export Control Policy. i. National Security Pr

12、esidential Directive (NSPD) 17, National Strategy to CombatWeapons of Mass Destruction. j. Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq. 4. APPLICABLE DOCUMENTS AND FORMSa. NPD 4300.1, NASA Personal Property Disposal Policy. b. NPD 7120.4, NASA Engineering and Program/Project Managem

13、ent Policy. c. NPR 2190.1, NASA Export Control Program. d. NPR 4300.1, NASA Personal Property Disposal Procedures and Requirements. e. NPR 7120.5, NASA Space Flight Program and Project Management Requirements. 5. RESPONSIBILITY a. The Associate Administrator for International and Interagency Relatio

14、ns is responsiblefor the overall management of this policy, and will appoint a senior-level HeadquartersExport Administrator (HEA) who will be responsible for the following: (1) Ensuring the compliance of all NASA program activities and exports with U.S. exportcontrol laws and regulations and NPR 21

15、90.1. (2) Serving as NASAs Empowered Official for purposes of 22 C.F.R. 120.25 and 15C.F.R. 758.1(a), in certifying and approving all NASA export license applications. (3) Serving as the Headquarters point of contact with Center Export Administrators. (4) Serving as the Agencys interagency interface

16、 for export control matters with theDepartments of State and Commerce, and others as appropriate, for all export licensingmatters. b. The NASA General Counsel will appoint a Headquarters Export Counsel (HEC) who willprovide current legal guidance to the HEA, assist in reviewing specific exports andt

17、ransfers, and serve as the Headquarters point of contact for Center Export Counsel onlegal matters. c. The Mission Directorate Associate Administrators and other Officials- in-Charge ofHeadquarters are responsible for ensuring that all international projects under theirpurview comply with U.S. expor

18、t control laws and regulations, this policy, and NPR 2190.1.Mission Directorate Associate Administrators also appoint Export Control Representativeswithin their respective programs. NPD 2190.1B - main Verify current version before use at:http:/nodis3.gsfc.nasa.gov/ Page 2 of 3 NPD 2190.1B - main Ver

19、ify current version before use at:http:/nodis3.gsfc.nasa.gov/ Page 2 of 3 Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-d. The Center Directors are responsible for ensuring that all international projects undertheir purview comply with U.S. export

20、control laws and regulations, this policy and NPR2190.1. Center Directors also appoint senior-level Center Export Administrators (CEA)responsible for ensuring compliance of all Center activities with U.S. export control lawsand regulations, this policy, and NPR 2190.1. The CEAs will maintain Export

21、ControlProgram (ECP) awareness and training programs for their Centers, coordinate necessaryexport licensing, and exemption or exception actions, consult with the Center ExportCounsel (CEC), Transportation Officers, and Project Managers on export control matters,and serve as the Center point of cont

22、act for the HEA. The Center Director shall alsodesignate a qualified individual as an Export Control Auditor (ECA) to annually review theoperation of the NASA ECP at that Center. e. The Center Chief Counsel will appoint a CEC responsible for providing current legalguidance to the CEA regarding NASA

23、export control matters. 6. DELEGATION OF AUTHORITY None. 7. MEASUREMENT/VERIFICATIONAdherence to this policy will be measured by whether exports are executed in a timelymanner sufficient to meet NASA program objectives, by the extent to which NASA exportsare compliant with U.S. laws and regulations,

24、 and by annual reviews conducted by theECA. 8. CANCELLATION NPD 2190.1A, NASA Export Control Program, May 24, 2001. /s/ Charlie F. BoldenAdministratorATTACHMENT A: (TEXT) None (URL for Graphic) None DISTRIBUTION:NODIS This Document Is Uncontrolled When Printed.Check the NASA Online Directives Inform

25、ation System (NODIS) Libraryto Verify that this is the correct version before use: http:/nodis3.gsfc.nasa.govNPD 2190.1B - main Verify current version before use at:http:/nodis3.gsfc.nasa.gov/ Page 3 of 3 NPD 2190.1B - main Verify current version before use at:http:/nodis3.gsfc.nasa.gov/ Page 3 of 3 Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-