Export Controls
CBP is Turning up the Heat and
the “ICE” is Not Melting
April 2008
NCURA Western Regional Conference
Adilia F. Koch
Increase in Government
Searches & Seizures . . .
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More government searches of laptops, electronic memory
devices of travelers entering and leaving the U.S.
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Clarity Sought on Electronics Searches
U.S. Agents Seize Travelers' Devices (Washington Post)
http://www.washingtonpost.com/wpdyn/content/article/2008/02/06/AR2008020604763_pf.html
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Make sure traveler has all necessary documentation
accompanying the hand-carried items
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Shipper’s Export Declaration may be required
Export License numbers
Small infractions can lead to more serious investigations
CBP Authority to Search
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“U.S. Customs & Border Protection
(CBP) officer’s authority is derived
through 19 USC 1465 and 19 CFR 162.6
which states that,
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“All persons, baggage and merchandise
arriving in the Customs territory of US from
places outside thereof are liable to
inspection by CBP – including US citizens.”
Diplomatic status exempted
ICE (U.S. Immigration and
Customs Enforcement)
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“ICE’s Arms and Strategic Technology
Investigation Unit (ASTI) Unit is responsible
for
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ICE partners up with
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investigating the illegal export of U.S. military
products and sensitive technology.
FBI, DOC and OFAC and includes ability to follow
the export of goods and technology around the
world.
Ability to acquire and analyze digital evidence
by applying computer forensic skills”
4th Amendment Protection
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ACLU and other groups have challenged the US
government’s authority to search and seize without
reasonable cause.
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No clear guidelines or policies on border searches, including
which rules govern the seizing and copying of the contents
of electronic devices.
Do border agents have a right to search electronic devices at
all without suspicion of a crime?
US government believes that if you haven’t cleared
customs, then the 4th Amendment protection doesn’t
apply since you are not “officially” in the U.S.
Travel Light
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Best to travel outside US with “clean laptops”
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Don’t carry sensitive technology
Don’t carry export controlled information that’s not subject
to an exemption, exclusion or other authority
Consider not taking information that can be
compromised during a search:
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Personal data
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Websites visited
Emails
Proprietary information
Information subject to Non-Disclosure Agreements
Attorney-client privileged information
Travel Awareness
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Faculty Travel Abroad Awareness
Briefing
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Advisable depending on type of
technology, purpose of the visit,
country involved
More stringent rules for travel
to T-5 Countries
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Different set of rules for travel to sanctioned countries
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T-5 Countries:
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Iran
Sudan
Syria
North Korea
Cuba
Contact OFAC for travel to these countries to determine
what’s allowed and what’s not.
Summary
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Empty out the pockets
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Make sure all hardware, equipment,
“tools of the trade” are properly
declared when entering Customs
Document the Exemption when you
travel, take a copy with you
Recordkeeping requirements apply to
use of exemptions
Contact Info
Adilia F. Koch
Director of Export Compliance
California Institute of Technology
adilia.koch@caltech.edu
Phone: 626-395-4469
Fax: 626-795-4571
RESOURCES
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Useful Links
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The Law and Regulations
Travel
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US State Department Travel Warnings
http://travel.state.gov/travel/cis_pa_tw/tw/t
w_1764.html
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CIA Factbook
https://www.cia.gov/library/publications
/the-world-factbook/
Embargoed/Sanctioned
Countries & Policies
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State Department
http://pmddtc.state.gov/country.htm
Office of Foreign Assets Control
http://www.treas.gov/offices/enforceme
nt/ofac/
The Export Laws &
Regulations
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U.S. Department of State: International Traffic in Arms
Regulations (ITAR)
http://www.treas.gov/offices/enforcement/ofac/
U.S. Department of Commerce, Bureau of Industry
& Security (BIS): Export Administration Regulations
(EAR)
http://www.access.gpo.gov/bis/ear/ear_data.html
U.S. Department of the Treasury, Office of Financial
and Asset Controls (OFAC)
http://www.treas.gov/offices/enforcement/ofac/
U.S. Customs Regulations
Imports -- Harmonized Tariff Code (HTS #)
http://www.usitc.gov/tata/hts/bychapter/index.htm
Schedule B (US Census) http://www.census.gov/
Questions?
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Questions & Answers