Export Controls Overview

The United States government regulates the transfer of certain goods, technology, and technical data considered to be strategically important to the U.S. Export control laws are a complex set of federal regulations designed to protect U.S. national security, prevent the proliferation of weapons of mass destruction; further U.S. foreign policy including the support of international agreements, human rights, and regional stability; and maintain U.S. economic competitiveness. Export control regulations govern how information, technologies, and commodities can be transmitted overseas to anyone, including U.S. citizens or foreign nationals physically present in the U.S.

Of even greater importance to the university, export controls have the potential to limit the research opportunities of university faculty severely and their students and staff, as well as to prevent international collaboration in certain research areas. Non-compliance with export controls can result in severe monetary and criminal penalties against both an individual and the university and the loss of research contracts, governmental funding, and the ability to export items.

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The Departments of State, Commerce, and Treasury are the primary agencies charged with the implementation and enforcement of export regulations.  Each of the Departments are responsible for different areas of exports though there are times when jurisdiction may overlap.

For more information, see Regulations

Universities in the U.S., including 草榴社区, have a long tradition of inventing and developing leading-edge technologies that are important for national security and economic competitiveness as well as for educating and training scholars from around the world.  Most basic research conducted at the university is not subject to export controls under what is referred to as the "Fundamental Research Exclusion" (or "FRE"). Fundamental research is basic or applied research in science and/or engineering at an accredited institution of higher learning in the U.S. resulting in information that is ordinarily published and shared broadly within the scientific community.

Research in the following areas is most likely to be affected by export controls:

Military and Defense Articles and Services

Dual Use Technologies (technologies with both military and commercial applications)

Nuclear Technology

Information Security/Encryption

Laser and Directed Energy Systems

Rocket Systems

High Performance Computing

Marine Technology

Chemical or Biological Weapons (Including Select Agents and Toxins)

Space Technology and Satellites

Robotics

Unmanned Aerial Vehicle Systems and Propulsion Systems

For more information, see Export Controls & Research

 

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Traveling with certain types of high-tech equipment, including but not limited to advanced GPS units, scientific equipment, or with controlled, proprietary, or unpublished data in any format may require an export license, depending on your travel destination.

Laptops, web-enabled cell phones, and other electronics containing encryption hardware or software and/or proprietary software can require an export license to certain destinations. Generally, an export license will be required to take any items to or through any U.S.-sanctioned country (e.g., Iran, Syria, Cuba, Sudan, and North Korea).
草榴社区 personnel wishing to purchase or receive technology for use in research or other academic activities should know that most technology is subject to U.S. export controls. If technology is not controlled under the ITAR, it is controlled under the EAR. Vendors and manufacturers are not legally required to provide export control classification information to the purchaser. In most instances, such information must be requested by the purchaser. 草榴社区 personnel should request details directly from the vendor or manufacturer regarding the classification of technology they intend to purchase. Alternatively, they may request assistance from the ECO in obtaining this information. In cases where a vendor or manufacturer explicitly references 鈥渆xport controls鈥 in purchase documents, 草榴社区 personnel must follow up and request USML or ECCN details or request that the ECO do so.
The Fundamental Research Exclusion does not protect university activities involving export-controlled information, items, or technology received from outside the university, and all research involving export-restricted technology is subject to all export controls. For help in determining export control issues, please contact ORI.
The Fundamental Research Exclusion shields the vast majority of research done at the university from export controls. However, this protection is lost whenever the university or the researcher agrees to allow any restrictions on the publication, dissemination, or access to the research by foreign nationals.
University activities that involve transferring project information, equipment, materials, or technology out of the U.S. by whatever means will be subject to export controls and may require an export license(s) depending on the item, destination, recipient, and end-use.
University activities involving international payment of funds to non-U.S. persons abroad must be verified to ensure that the university is not inadvertently providing financial assistance to a blocked or sanctioned entity. Examples include providing support via subcontracting to a non-U.S. university or providing payments to research subjects in other countries. Contact the Office of Research Integrity if your activity involves payment to persons or organizations outside the U.S.
University activities that involve foreign national faculty, students, staff, visiting foreign scientists or collaborator(s), or other foreign entities (e.g., non-U.S. company, university, or other organization) or research that will include travel to international conferences to present unpublished results may be subject to export controls especially if any of the foreign nationals are from embargoed or sanctioned countries.
Research projects where any part of the research will occur outside the U.S. (e.g., fieldwork outside the U.S.) may not qualify under the Fundamental Research Exclusion and may be subject to export controls. For help in determining potential export control issues, please contact ORI.
Providing professional consulting services overseas. Services to embargoed or sanctioned countries (e.g., Iran, Syria, Cuba, Sudan, and North Korea) are almost always strictly prohibited. For help in determining potential export control issues, please contact ORI.
For more information, see Export Controls & University Activities

Fines for non-compliance with export controls are quite severe and can be levied at both the individual as well as the university. In addition to significant monetary fines and lengthy prison sentences, the potential loss of all federal funding and loss of export privileges would be crippling to the university. University personnel may not transfer any items, information, technology or software contrary to U.S. export control laws or the university鈥檚 policy on export controls.

ITAR EAR OFAC
Civil Criminal Civil Criminal Civil Criminal
Penalties of $500,000 per violation Penalties of up to $1 million per violation along with up to 20 years in prison Penalties of $10,000 to $120,000 per violation Penalties of $50,000 to $1 million per violation along with up to 10 years in prison Penalties of $250,000 per violation Penalties of up to 20 years in prison