Employee Access to ITAR-Controlled Defense Articles and Non-Disclosure Agreement

In performing work on the ___________________________ PROJECT, you will have access to information that may be considered confidential (“CONFIDENTIAL INFORMATION”). I understand that KSU is bound by a specific Confidentiality Agreement with _____________ (hereinafter “Sponsor”) to maintain the confidentiality of Sponsor’s CONFIDENTIAL INFORMATION provided to KSU pursuant to this Agreement. The CONFIDENTIAL INFORMATION may include, without limitation: scientific knowledge, research results, know-how, processes, inventions, techniques, formulae, products, technical data, biological materials, proprietary information, trade secrets, software, business plans, financial data, and other items pertaining to the above PROJECT as may be necessary or desirable to achieve the purposes stated therein.

I, [Name of Foreign Person], acknowledge and understand that any technical data related to a defense article covered by the U.S. Munitions List to which I have access per authorization by the U.S. Department of State, Directorate of Defense Trade Controls [State Relevant ExportLicense/Authorization Number] and disclosed to me in my employment by Kansas State University is subject to the export controls of the International Traffic in Arms Regulations (ITAR) (Tile 22, Code of Federal Regulations, Parts 120-130). I also acknowledge and understand that should I inadvertently receive defense articles for which I have not been granted access authorization by the U.S. Department of State, Directorate of Defense Trade Controls, I will report such unauthorized receipt and acknowledge the transfer to be a violation of U.S. Government regulations.

In furtherance of the above, I hereby certify that all defense articles, including related technical data, to which I have access will not be used for any purpose other than that authorized by the U.S. Department of State, Directorate of Defense Trade Controls and will not be further exported, transferred, disclosed via any means (e.g., oral disclosure, visual access, facsimile message, telephone) whether in its original form, modified, or incorporated in any other form, to any other foreign person or any foreign country or entity without the prior written approval of the U.S. Department of State, Directorate of Defense Trade Controls.

By signing this form, I hereby agree: (1) to receive and hold all such CONFIDENTIAL INFORMATION in strict confidence, (2) to disclose CONFIDENTIAL INFORMATION only to those within KSU who are working on the project or who have a specific need to know and only after consultation with the KSU project director; and (3) to return all original data and research results (including laboratory notebooks) to the university when my duties relating to this project end; and (4) to acknowledge awareness of and to comply with all U.S. Export Regulations as promulgated by the U.S. Department of Commerce through its Export Administration Regulations (EAR) and the U.S. Department of State through its International Traffic in Arms Regulations (ITAR).

I further acknowledge that I have reviewed the Confidentiality Agreement between KSU and SPONSOR dated ______________ and understand my obligations and duties to maintain confidentiality pursuant to the work to be completed under such Agreement.

Print Name:______________________________

Signature: _______________________________

Date:________________