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The following important provision may apply to proposals that involve the participation of non-
U.S. organizations, as well as proposals that include personnel who are not U.S. citizens and do
not have status as legal permanent U.S. residents.
Export-Control Guidelines Applicable to Foreign Proposals and Proposals Including
Foreign Participation
"Foreign proposals and proposals including foreign participation shall include a section discussing
compliance with U.S. export laws and regulations, e.g., 22 CFR Parts 120-130 and 15 CFR Parts
730-774, as applicable to the circumstances surrounding the particular foreign participation. The
discussion shall describe in detail the proposed foreign involvement and is to include, but not be
limited to, whether or not the foreign participation may require the prospective proposer to obtain
the prior approval of the Department of State or the Department of Commerce via a technical
assistance agreement or an export license, or whether a license exemption/exception may apply. If
prior approvals are necessary via licenses, discuss whether the license is applied for, if not, the
projected timing of the application, and any implications for the schedule. Information regarding
U.S. export regulations is available at the U.S. Department of State Web site
at https://www.pmddtc.state.gov/ddtc_public and through the U.S. Department of Commerce’s
Bureau of Industry and Security Web site at https://www.bis.doc.gov. Under U.S. law and
regulations, spacecraft and the specifically designed, modified, or configured systems,
components, and parts are generally considered "Defense Articles" on the United States Munitions
List and subject to the provisions of the International Traffic in Arms Regulations (ITAR), 22 CFR
Parts 120-130."
Because of these legal provisions and requirements, proposers and institutions whose proposals
involve non-U.S. participants or personnel should be aware that such participation can add to
management complexity and risk, and, therefore, proposers are encouraged to limit such
cooperative arrangements to those offering significant benefits while maintaining the most
transparent and simplest possible technical and management interfaces.
Export-Controlled Material in Proposals
Explicit inclusion of export-controlled material in proposals is not prohibited. However, under
U.S. law and regulations, spacecraft and their specifically designed, modified, or configured
systems, components, and parts may be considered "Defense Articles" on the United States
Munitions List and subject to the provisions of the International Traffic in Arms Regulations
(ITAR), 22 CFR Parts 120-130. Other items or information may be subject to the Export
Administration Regulations (EAR), 15 CFR Parts 730 – 774. This may, in some circumstances,
complicate NASA’s ability to evaluate the proposal, since occasionally NASA may use the
services of foreign nationals who are neither U.S. citizens nor lawful permanent residents of the
U.S. to review proposals submitted in response to the NOFO.
Proposers to NOFOs are strongly encouraged not to include export-controlled material in their
proposals, although the effort proposed may itself be export controlled. If it is essential to include
any export-controlled information in a proposal, a notice to that effect shall be prominently
displayed on the first pages of the proposal and shall state: