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A TRUE COPY CER.TFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Contract# IRL2024N-08 Encumbrance# GLO1-2309 m. Compliance with Department of Commerce Bureau of Industry and Security Export Administration Regulations 1. This clause applies to the extent that this financial assistance award encompasses activities that involve export -controlled items. 2. In performing this financial assistance award, a non -Federal entity may participate in activities involving items subject to export control (export -controlled items) under the Export Administration Regulations (EAR). The non -Federal entity is responsible for compliance with all applicable laws and regulations regarding export -controlled items, including the EAR's deemed exports and re-exports provisions. The non -Federal entity must establish and maintain effective export compliance procedures at DOC and non - DOC facilities, including facilities located abroad, throughout performance of the financial assistance award. At a minimum, these export compliance procedures must include adequate restrictions on export -controlled items, to guard against any unauthorized exports, including in the form of releases or transfers to foreign nationals. Such releases or transfers may occur through visual inspection, including technology transmitted electronically, and oral or written communications. 3. Definitions i. Export -controlled items. Items (commodities, software, or technology), that are subject to the EAR (15 C.F.R. §§ 730-774), implemented by the DOC's Bureau of Industry and Security. These are generally known as "dual -use" items, items with a military and commercial application. The export (shipment, transmission, or release/transfer) of export -controlled items may require a license from DOC. ii. Deemed Export/Re-export. The EAR defines a deemed export as a release or transfer of export -controlled items (specifically, technology or source code) to a foreign person (foreign national) in the U.S. Such release is "deemed" to be an export to the foreign person's most recent country of citizenship or permanent residency (see 15 C.F.R. § 734.13(a)(2) & (b)). A release may take the form of visual inspection or oral or written exchange of information. See 15 C.F.R. § 734.15(a). If such a release or transfer is made abroad to a foreign person of a country other than the country where the release occurs, it is considered a deemed re-export to the foreign person's most recent country of citizenship or permanent residency. See 15 C.F.R. § 734.14(a)(2). Licenses from DOC may be required for deemed exports or re-exports. An act causing the release of export -controlled items to a foreign person (e.g., providing or using an access key or code) may require authorization from DOC to the same extent that an export or re- export of such items to the foreign person would. See 15 C.F.R. § 734.15(b). 4. The non -Federal entity must secure all export -controlled items that it possesses or that comes into its possession in performance of this financial assistance award, to ensure that the export of such items, including in the form of release or transfer to foreign persons, is prevented, or licensed, as required by applicable Federal laws, E.O.s, and/or regulations, including the EAR. 5. As applicable, non -Federal entity personnel and associates at DOC sites will be informed of any procedures to identify and protect export -controlled items from unauthorized export. 6. To the extent the non -Federal entity wishes to release or transfer export -controlled items to foreign persons, the non -Federal entity will be responsible for obtaining any necessary licenses, including licenses required under the EAR for deemed exports or deemed re-exports. Failure to obtain any export licenses required under the EAR may subject the non -Federal entity to administrative or criminal enforcement. See 15 C.F.R. part 764. 7. Nothing in the terms of this financial assistance award is intended to change, supersede, or waive the requirements of applicable Federal laws, E.O.s or regulations. Page 50