Excellent research, Nilremerlin. I found these sections particularly interesting:
According to the invention, the method employs a series of steps which allow an applicant such as a U.S. entity or individual (hereinafter U.S. national) to obtain U.S. government approval in order to exploit dual use technologies. In particular, the applicant files an application to the appropriate government agency or department, e.g. the Department of State. The application requests permission to exploit the technology in cooperation with a foreign entity or individual (hereinafter foreign entity). The application avoids the traditional expedient of arranging a sale of the technology, but instead employs a service lease arrangement, thereby technically avoiding exportation of the technology. In other words, the invention is not exported, even if it physically outside of the United States, if its not actually sold to a foreign entity. The service lease is implemented in a lease agreement, the terms and conditions of which become part of the application, and which terms and conditions must be approved by the agency as part of the application process.
[0013]In addition the application describes a compliance policy for protecting the technology. In particular, the compliance policy includes an education program for employees, vendors or other service providers employed or contracted by the U.S. entity. The education program, also subject to approval by the agency describes in detail, the training program for handing restricted technology. The training program would include an explanation of the law and regulations, and the responsibility of each person having access to the technology to comply therewith. In addition, the program would spell out in specific detail, among other things, procedures as to how the technology is to be actually handled; who has access to what; with whom may the technology be discussed; who may physically handle the technology or documentation; what happens if there is a breach of security. These procedures and others are designed to protect the technology and to assure the U.S. Government that the U.S. entity is fully prepared and able to comply with the law and regulations.
[0014]Yet another requirement of the application is an outline of that information which has been pre-approved for disclosure to the foreign entity during any negotiations conducted in connection with the lease agreement. This requirement enables the applicant and the foreign entity to intelligently discuss what it is that is being provided, without disclosing sensitive information. This provision thereby enables the parties to communicate without compromising security.
[0015]In order to implement the service lease arrangement, the U.S. entity and the foreign entity must enter into an operating agreement. This may be part of the lease or may be separate. The operating agreement outlines who will operate the vehicle and what kind of access to the vehicle the foreign entity will have. In the invention, the U.S. entity exercises control over the vehicle. That is to say, that the physical operation of the vehicle is under the control of the U.S. entity or U.S. citizens. These operations include navigation, flight control, emergency decent, control security and validation, and the like.
[0016]Yet another requirement of the operating agreement is an agreement to allow for control of the equipment or payload on board the vehicle. In cases where, for example a camera or antenna is aboard the vehicle, it is necessary to have agreements in place for secure aiming of such equipment. The foreign entity may be permitted to aim the camera or antenna, but may be under certain restrictions in order to avoid interference with other vehicles or facilities nearby. In other words, the payload operations are subject to restrictions as necessary to protect the U.S. national interest.
