Procurement Export Control

PASSHE Policy

In accordance with the Office of the Chancellor, Pennsylvania State System of Higher Education, Procedures and Standards for University Operations, procedure No. 2012-14, Compliance with United States Export Control Laws when purchasing items, University procurement officers shall request that vendors provide technical specification sheets and the Department of Commerce's assigned ECCN or the Department of State's USML classification number. Purchased commodities that are on an export control list shall be tagged. Computers on which controlled software is installed shall also be tagged. Both technology and information about technology that is controlled, such as operating manuals, technical specifications, etc., shall be tagged and stored securely. Before awarding bids and again at the time of signing contracts or placing orders, the purchasing officer shall confirm the vendor is not on the Specially Designated Nationals List by checking the federal consolidated list, available at http://export.gov/ecr/eg_main_023148.asp

Supplier Notification

Whenever possible the University prefers to rely on manufacturers to provide the export control status of items and software being obtained through a procurement activity. When there is a question as to whether an item being procured is subject to export control the University's standard vendor contract now includes a term requiring vendors to notify the University of the EECN number. University Procurement personnel are instructed to require all vendors, whether or not contracted, to identify defense articles prior to delivery. Purchasers are required to request the Export Control Classification Number (ECCN) or US Munitions List (USML) category for any items they are procuring if they have reason to believe the items will be subsequently exported.

In cases where the vendor does not know the export control status of an item (e.g. when the vendor is not the manufacturer) or refuses to provide export control information to the University, the University Export Control Officer will perform a self-determination based on the available information. In cases where doubt exists as to the jurisdiction of the item(s), the University will either decline to purchase or will proceed with the purchase and protect the item as a defense article until it is conclusively shown to be subject to the Export Administration Regulations (e.g. through a formal response to a commodity jurisdiction or advisory opinion request).

Export Control Notices

Should an export control notice be included with the shipped items, please forward it to Procurement through campus mail or scan in and send it as an email attachment. If the notice states that an item is subject to the Arms Export Control Act, ITAR, or Department Energy export control regulations (10 CFR 110 or 810) the recipient should immediately secure the subject item from access by foreign nationals and notify University Export Control Officer for assistance.

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