Aeronautics and Circular Space
Administration Washington, DC
PURPOSE: To summarize planning and oversight of export control actions by NASA’s contractors.
BACKGROUND: In October 1995, procedures for clearing contracts involving exports were established (NFS 1825.7002). In February 2000, contractor responsibilities under the International Traffic in Arms Regulations (ITAR) and under the Export Administration Regulations (EAR) were highlighted through a contract clause, and the procedure for use of certain ITAR exemptions, such as 22 CFR 125.4(b)(3), was established (1825.1103-70). In March of the same year, NASA’s Inspector General issued the report, “NASA Oversight Of Contractor Exports Of Controlled Technologies” (IG-00-018). It recommended that all appropriate NASA contracts require the contractors to deliver: (1) a plan for obtaining any required export licenses to fulfill contract requirements; (2) a listing of the contractor licenses obtained; and (3) a periodic report of the exports effected against those licenses. Management concurred with the recommendation, and the Office of External Relations has prepared a NASA Procedures and Guidelines (NPG) directive for the Export Control Program, which is soon to be circulated for Agencywide review and comment.
GUIDANCE: NASA, as a U.S. Government Agency on the leading edge of technological development and international cooperation in space, aeronautics, and a variety of scientific endeavors, must be a responsible exporter in its international activities. NASA’s contractors are likewise obligated to observe the export control laws of the United States. In addition to physical transfers, certain technical communications with or among contractors (e.g., systems integration) are deemed to be “exports” if foreign nationals participate.
Program and project managers are responsible for providing oversight for NASA-directed contractor export activities (including directing the appropriate use of license exemptions). Center Export Administrators (CEAs) should assist Center contracting officers and Contracting Officer Technical Representatives (COTRs) in procurement-related matters involving export control; e.g., providing guidance on entering into contracts with foreign entities, responding to contractor questions and requests, coordinating proposed ITAR exemption authorizations with NASA Headquarters for use by contractors, and drafting of appropriate clauses in NASA solicitations.
Export control considerations should be included in Quality Assurance Surveillance Plans (QASP) when appropriate, in accordance with PIC 02-17.
Centers need to be cognizant of exports of controlled technology and hardware required and effected by contractors, and should require an export control plan that would include applying existing licenses, exemptions and exceptions or acquiring new licenses or exemption authority, as appropriate. Contractors should also be required to report licenses obtained, and exports effected against them.
EFFECTIVE DATE: This PIC is effective as dated and shall remain in effect until superceded by the Procedures and Guidelines for the NASA Export Control Program NPG.
HEADQUARTERS CONTACT: Patrick Flynn, Code HK, 202-358-0460, email: .
R. Scott Thompson
Director, Contract Management Division
List HK/cbo/x1248-09-25-02 DocName: a:/pic02-19.doc