ST0895

Source text

As written.

(13) Respondent agrees to implement a comprehensive automated export compliance system to strengthen Respondent's internal controls for compliance with the AECA and the ITAR. This system will track the decision process from the initiation of a request for potential export authorization or clarification of an existing authorization to its conclusion that will reflect Respondent's ability to oversee and monitor export act1v1ty. This system will cover the initial identification of all technical data and technical assistance in any form proposed to be disclosed to any foreign persons and will be accessible to DTCC upon request. Respondent understands that DTCC may, in its sole discretion, not authorize use of exemptions for shipments of unclassified technical data in furtherance of a technical assistance agreement, and that DTCC may exercise this authority pending the institution of this system. Respondent further agrees to conduct a comprehensive review of automated compliance systems of Respondent's foreign operating divisions, subsidiaries, and business units engaged in AECA and ITAR activities, to be completed within twelve (12) months of the date of the Order. The results of this review, along with recommendations for improvements and additional implementations as necessary to track ITAR-controlled defense articles, technical data, and defense services and for purposes of re-export and retransfer, shall be provided to the SCO and Director, DTCC. Respondent will implement a means of alerting users to the AECA and ITAR requirements on electronic transmissions of ITAR technical data. This alert system will include a login banner that is displayed in any Respondent operating division, subsidiary, or business unit engaged in AECA and ITAR activities, when any employee logs onto the system, which will describe AECA and ITAR requirements and offer contact information for anyone who has further questions. In order to prevent unintentional or accidental transmissions to unauthorized recipients, Respondent will also provide training to all employees with respect to electronic transmissions of ITAR-controlled technical data and Respondent's AECA and ITAR compliance policies and procedures in this regard. Respondent will provide to DTCC an update outlining the status of Respondent's automated export compliance system.

Related

Other DOS standards.