MSFC NASA MPD 2190 1 REV D-2008 MSFC EXPORT CONTROL PROGRAM《马歇尔太空飞行中心输出控制程序》.pdf

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1、CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE MPD 2190.1 REVISION D EFFECTIVE DATE: November 6, 2008 EXPIRATION DATE: November 6, 2013 MARSHALL POLICY DIRECTIVE AS01 MSFC EXPORT CONTROL PROGRAM Provided by IHSNot

2、 for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Policy Directive AS01 MSFC Export Control Program MPD 2190.1 Revision: D Date: November 6, 2008 Page 2 of 14 CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS

3、 THE CORRECT VERSION BEFORE USE DOCUMENT HISTORY LOG Status (Baseline/ Revision/ Canceled) Document Revision Effective Date Description Baseline 5/10/00 Document converted from MWI 2190.1 to this Directive. Revision A 11/13/02 Update Paragraph 9. RECORDS; Change Documentation Period of Time FROM 6 T

4、O 5 years and provide the Final Disposition of Quality Records. Revision B 10/7/2004 Included NEW requirements for “Destination Control Statement”, “Marking” and Program/Project Export Control Plans; added definitions, changed the Office of Responsibility from VS01 to AD01; removed ambiguity regardi

5、ng requirements; Converted all NPG and MPG with NPR and MPR; changed the font to Times New Roman 12;. Revision C 7/27/2006 Changed the Office of Responsibility from AD01 to AS01. Removed NPD 2210.1, “External Release of NASA Software” from the Applicable Documents and all references. Changed the nam

6、e and number from NPR 1620.1 to NPR 1600.1, “NASA Security Program Procedural Requirements.” Added definitions for Public Domain and Technical Data. Added reference to MPR 1440.2, “MSFC Records Management Program” and NPR 1441.1, “NASA Records Retention Schedules,” and changed retention period FROM

7、5 years TO 10 years. Removed MSFC Form 4336. Added CERs Training Requirement. Revision D 11/6/2008 Revised applicability statement; made format changes; deleted duplicated “shall” and limited one requirement per paragraph; deleted canceled documents “NPD 2810.1” and “NPR 2810.1”; simplified definiti

8、on of “Public Domain”; and added requirement to provide written notification and explanation to the author and the MSFC DAAR of a denied NASA Form 1676, “NASA Scientific and Technical Document Availability Authorization.” Provided by IHSNot for ResaleNo reproduction or networking permitted without l

9、icense from IHS-,-,-Marshall Policy Directive AS01 MSFC Export Control Program MPD 2190.1 Revision: D Date: November 6, 2008 Page 3 of 14 CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE 1. PURPOSE This Marshall Pol

10、icy Directive (MPD) states Marshall Space Flight Center (MSFC) Export Control Program (ECP) policy, formal delegations of authority, responsibilities, and principal policy relationships. This MPD establishes the MSFC ECP for all products, including hardware, software, technology, technical informati

11、on, and defense services, which are to be made available, transferred, or shipped outside of the United States of America (USA) or to a “Foreign Person” or entity within the USA. This program ensures that all items, which MSFC makes available or transfers to a foreign country, foreign person, or ent

12、ity conform to the MSFC ECP, NASA, and other Federal agency rules or regulations. MSFC ECP shall ensure compliance with the U.S. Export Control Laws and Regulations through management, education and planning of the MSFCs export activities. This MPD identifies the MSFC ECP roles and responsibilities

13、with regard to Scientific and Technical Information (STI), foreign visitors, travelers, workers, software release, Web site development, electronic media information, and shipping. 2. APPLICABILITY This MPD applies to the personnel, programs, projects, and activities at MSFC and MSFCs Michoud Assemb

14、ly Facility (MAF), including contractors and resident agencies to the extent specified in their respective contracts or agreements. (“Contractors,” for purposes of this paragraph, include contractors, grantees, Cooperative Agreement recipients, Space Act Agreement partners, or other agreement partie

15、s.) 3. AUTHORITY a. Export Control Laws and Regulations of the United States b. NPD 2190.1, “NASA Export Control Program” c. NPR 2190.1, “NASA Export Control Program” 4. APPLICABLE DOCUMENTS a. NPD 1050.1, “Authority to Enter into Space Act Agreements” b. NPD 2200.1, “Management of NASA Scientific a

16、nd Technical Information” c. NPD 2810.1, “NASA Information Security Policy” d. NPR 1371.2, “NASA Procedural Requirements for Processing Requests for Access to NASA Installations or Facilities by Foreign Nationals or U.S. Citizens Who Are Representatives of Foreign Entities” e. NPR 1441.1, “NASA Reco

17、rds Retention Schedules (NRRS)” Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Policy Directive AS01 MSFC Export Control Program MPD 2190.1 Revision: D Date: November 6, 2008 Page 4 of 14 CHECK THE MASTER LIST at https:/repository.msfc.nasa

18、.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE f. NPR 1600.1, “NASA Security Program Procedural Requirements” g. NPR 2200.2, “Requirements for Documentation, Approval, and Dissemination of NASA Scientific and Technical Information” h. NPR 2210.1, “External Release

19、of NASA Software” i. NPR 2810.1, “Security of Information Technology” j. NPR 7120.5, “NASA Program and Project Management Processes and Requirements” k. MPR 1371.1, “Procedural Requirements for Processing Foreign Visitor Requests” l. MPR 1440.2, “MSFC Records Management Program” m. MPR 1600.1, “MSFC

20、 Security Procedural Requirements” n. MPR 2220.1, “Scientific and Technical Publications” o. MWI 6000.1, “Procurement Traffic Management and Freight Traffic Actions” 5. REFERENCES a. 15 CFR Parts 730-799, Export Administration Regulations (EAR) b. 22 CFR Parts 120-130, International Traffic in Arms

21、Regulations (ITAR) 6. DEFINITIONS a. Bureau of Industry and Security (BIS) is a component of the U.S. Department of Commerce (DOC), which administers the Export Administration Regulations (EAR). b. Classification is the process for determining the relevant entry number or category for commodities or

22、 technologies that fall under the jurisdiction of the DOC or the U.S. Department of State (DOS). Classification takes place after the jurisdiction of the item has been determined. Items under the jurisdiction of the DOC can be found in the EAR and items under the jurisdiction of the DOS can be found

23、 on the U.S. Munitions List (USML) in the International Traffic in Arms Regulations (ITAR). c. Defense Service is the furnishing of assistance (including training) to foreign persons, whether in the U.S. or abroad, in the design, development, engineering, manufacture, production, assembly, testing,

24、repair, maintenance, modification, operation, demilitarization, destruction, processing, or use of defense articles as defined in the ITAR. Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Policy Directive AS01 MSFC Export Control Program MPD

25、 2190.1 Revision: D Date: November 6, 2008 Page 5 of 14 CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE d. Export is the transfer of anything (e.g., hardware, software, commodities, technology, information) to a “F

26、oreign Country,” “Foreign Person,” “Foreign Entity,” or foreign destination by any means (e.g., mail, facsimile, e-mail, telephone, face-to-face discussion, courier, Web site), anywhere (e.g., in the U.S., overseas, in space), anytime, or a transfer to a “U.S. Person” representing a “Foreign Person.

27、” An export also occurs when information is placed on a publicly-accessible email, Web site, File Transfer Protocol (FTP), gopher, and peer-to-peer networks. e. Export Administration Regulations is the set of regulations that control the export of commercial and dual-use items that are designed for

28、commercial use but may have military use as well. The BIS has the responsibility for the EAR under the Export Administration Act of 1979. f. Export Control Technology List is a list of technologies (commodities, technical data and software), under the control of MSFC, which are under the jurisdictio

29、n of EAR. Technologies on the list require export documentation in order to be exported out of the U.S. or to a foreign entity within the U.S. The Export Control Technology List is compiled from input provided by MSFC Managers and maintained by the ECP. g. Foreign Person for purposes of export contr

30、ol regulation is any person who is not a U.S. citizen, nor a permanent resident alien, nor a “Protected Individual” of the U.S. h. Office of Defense Trade Control (ODTC) is the component of the DOS, which administers the ITAR. i. Public Domain or “Publicly Available“ means information (including sof

31、tware) that is not subject to export control due to its unrestricted availability as follows: in open literature; available at any library to which the public has access; open seminar; fundamental basic and applied research where the resulting information is ordinarily published and shared broadly w

32、ithin the scientific community; educational information taught in catalog courses, including general scientific, mathematical or engineering principles commonly taught in academic institutions; information contained in published patents or published patent applications; or basic marketing informatio

33、n on function or purpose or general system descriptions. It does not include research which is restricted for proprietary reasons, or which is subject to specific U.S. Government access and dissemination controls. Additionally, information or software which is proprietary to any party is not publicl

34、y available. j. Technical Data is information, which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles. This includes information in the form of blueprints, drawings, photographs, plans, instruction

35、 and documentation (The engineering know-how or methodology). Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Policy Directive AS01 MSFC Export Control Program MPD 2190.1 Revision: D Date: November 6, 2008 Page 6 of 14 CHECK THE MASTER LIST

36、at https:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE k. U.S. Person is a lawful permanent resident as defined in 8 U.S.C. 1101(a)(20) or who is a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any corporation, busines

37、s association, partnership, society, trust, or any other entity, organization, or group that is incorporated to do business in the U.S. It also includes any governmental (federal, state, or local) entity. 7. POLICY It is the MSFC ECP policy to ensure all MSFC programs and projects are carried out in

38、 compliance with NPD 2190.1, “NASA Export Control Program,” NPR 2190.1, “NASA Export Control Program,” and the export control laws and regulations of the U.S. It is the role of the Headquarters Export Administrator (HEA), Center Export Administrator (CEA), and Program/Project Managers to implement t

39、he NASA ECP Policy. It is the responsibility of every MSFC official and employee to ensure that the export control policies of the U.S., including nonproliferation objectives, are fully observed in the pursuit of NASAs mission. It is the MSFC ECP policy to ensure no exports of commodities, technolog

40、ies, or software are made to any foreign entity under any NASA program until the Headquarters Export Administrator (HEA), CEA, and Program/Project Managers are confident that such exports are in conformity with U.S. export control regulations. It is the MSFC ECP policy to enter into and perform cont

41、racts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of its work and on such terms as it may deem appropriate, with any agency or instrumentality of the U.S., or with any State per the authority in NPD 1050.1, “Authority to Enter into Space Act Agreements.”

42、 8. RESPONSIBILITIES a. The MSFC CEA. The CEA is appointed by the Center Director. The CEA shall: (1) Ensure that all MSFC activities are compliant with Export Control Laws and Regulations of the U.S. (2) Serve as the resident expert on all matters related to export control and as the principal poin

43、t-of-contact with the HEA. (3) Maintain a thorough knowledge of current MSFC critical technologies, NPD 2190.1, “NASA Export Control Program,” NPR 2190.1, “NASA Export Control Program ,” 15 CFR, Parts 730-774, Export Administration Regulations (EAR), and 22 CFR, Parts 120-130, International Traffic

44、in Arms Regulations (ITAR) provisions and requirements applicable to Center programs and activities, and assist in developing Center policy and procedures. Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Policy Directive AS01 MSFC Export Con

45、trol Program MPD 2190.1 Revision: D Date: November 6, 2008 Page 7 of 14 CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE (4) Ensure the completion and maintenance (recordkeeping) of necessary licensing and/or exempt

46、ion/exception documents regarding specific exports pursuant to Center programs which are subject to NPR 1441.1, “NASA Records Retention Schedules,” MPR 1440.2 “MSFC Records Management Program,” the EAR, and the ITAR. (5) Support the Center process for approving foreign visitors and hires, providing

47、advice and guidance to the Center International Visit Coordinator and to MSFC personnel who serve as sponsors for such visitors and hires, and providing assistance in the development of appropriate security plans/technology export control plans per policy requirements in NPR 1600.1, “NASA Security P

48、rogram Procedural Requirements,” NPR 1371.2, “Procedural Requirements for Processing Requests for Access to NASA installations or Facilities by Foreign Nationals or U.S. Citizens Who Are Representatives of Foreign Entities,” and MPR 1371.1, “Procedural Requirements for Processing Foreign Visitor Req

49、uests.” (6) Assist program and project managers in the planning and controlling of exports set forth in NPD 7120.5, “NASA Program and Project Management Processes and Requirements.” Assist program and project personnel in determining the appropriate export controls for publishing, disseminating, marketing and safeguarding of scientific and technical information under the policy set forth in NPD 2200.1, “Manage