First Quarter submissions: due Friday, January 18, 2008; Fourth Quarter Submission will be the LO/CO annual Deemed Exports Certification: due Friday, October 17, 2008. This Certification will certify the deemed export program data for the entire year (see http://deemedexports.noaa.gov/cert.html). Individual Line Office and Corporate Offices internal deadlines may differ.  Controlled Technology Coordinators submit their respective LO/CO submission to Ann Murphy (Ann.Murphy@noaa.gov), Hugh Schratwieser (Hugh.c.Schratwieser@noaa.gov), Melanie Caesar Melanie.Caesar@noaa.gov)

I. Execution Responsibilities: Responsibilities include, but are not limited to:

1. Completion of annual certification statements –Submit to CAO Annually
2. Completion of CT Inventory update- Submit to CAO Quarterly
3. Completion of FN List updates – Submit to CAO Quarterly
4. Monitoring if/when DE license may be necessary
5. Transmission of information to keep LO/CO apprised of regulation/law change
6. Completion of Access Control Plans for facilities
7. Other responsibilities- as required by LO/CO to implement internal procedures

The Steering Committee maintains an oversight role to ensure the LO/CO completion of the above responsibilities. For assistance with NOAA’s deemed exports policy or procedural requirements, please contact your LO/CO Deemed Exports Steering Committee Representative, or the Office of the Chief Administrative Officer and NOAA General Counsel Deemed Exports Team: Ann Murphy, ann.murphy@noaa.gov; Melanie Caesar, Melanie.caesar@noaa.gov; and Hugh Schratwieser, Hugh.C.schratwieser@noaa.gov. For questions related to commodity classification or identifying whether an item is subject to the Export Administration Regulations (EAR), 15 CFR § 730-774, contact Todd Willis, twillis@bis.doc.gov or Alex Lopes, alopes@bis.doc.gov, at the Bureau of Industry and Security (BIS) or use the BIS online request system at http://snap.bis.doc.gov.

II. Specific Responsibilities: The following three major responsibilities require points of accountability at facilities. LO/CO must to identify points of accountability for these responsibilities.

a. Point of Accountability: Controlled Technology Inventory Assessment per Facility
Required Capability: The point of accountability should be able to classify technology according to the Export Administration Regulations (EAR), 15 CFR § 730-774. The person responsible for maintaining an accurate inventory of controlled technology at a facility must review new purchases as well as NOAA technology. This person is also responsible for completing access control plans for the facility. Several individuals may participate in the assessment process for a facility/division given their technical knowledge.

Helpful Questions (For Point of Accountability)

• Who will ensure that all technology has been assessed for CT?
• How will this person be notified of purchases of EAR controlled technology?
• How will this person be notified of NOAA technology controlled by the EAR?
• Has the assessment ensured that proprietary technology has not been inadvertently labeled as fundamental research?
• Is there an access control sheet for each piece of controlled technology other than EAR-99?
• Who is responsible for verifying the accuracy of access control plans as needed?
• Are there other offices in the facilities that require access to this information?

b. Point of Accountability: FN List Maintenance per Facility
Required Capability: The point of accountability will be able determine a foreign national’s “home” country designation according to EAR. The point of accountability should be able to monitor FN access to the facility. NOAA may sponsor these FNs, or other institutions may sponsor the visa application. If NOAA is the sponsor, information required for completing the FN List may be more readily available than if other institutions sponsor the FN visa. While the OCAO will not be collecting and maintaining a record of your foreign national "visitors," your organization remains accountable for the activities of these "visitors" while they are in your facility.  The Departmental Sponsor- NOAA (DSN)/ escort must take all precautions to prevent unauthorized released of technology to foreign national "guests" or "visitors."  (DSN and escort requirements are contained in more detail in NAO 207-12.

Helpful Questions (For Point of Accountability)

• Who maintains a current list of FN guests present at a specific facility?
• How is this person notified when FN visitors or guests will be visiting the site?
• How will he/she be notified of H1B/work visas at the facility? How will he/she be notified of international students/post-docs visiting/working at the facility?
• What education or outreach is needed for the person maintaining the FN list?
• Who ensures that a complete technology assessment is conducted when an FN from a t-6 country plans to visit the facility?

c. Point of Accountability: Export License Determination
Required Capability: The point of accountability must determine the applicability of deemed export license requirements. This individual needs to understand 15 CFR, 730-744, EAR, exceptions and requirements when checking the CT inventory and FN list to ensure that no license is required. This review occurs when FNs enter the facility and when new pieces of equipment are added to the controlled technology inventory.