Export Controls
Federal laws regulating the transfer of items, technology, and services to non-U.S. persons and entities. Export controls commonly refer to three distinct sets of regulations: the International Traffic in Arms (ITAR) administered by the Department of State, the Export Administration Regulations (EAR) administered by the Department of Commerce, and the Foreign Assets Control Regulations (FACR) administered by the Department of the Treasury. Export controls serve several purposes: to restrict exports of goods and technology that could contribute to the military potential of U.S. international adversaries; to prevent proliferation of weapons of mass destruction; and to advance U.S. economic and foreign policy goals.
Export Controls impact the following activities:
- Shipping items from the U.S. to a foreign country
- Transferring technology, information, or technical data, to entities or individuals outside of the U.S.
- Sharing technology, information, or technical data with foreign persons within the U.S.
- Providing services to – or conducting financial transactions with – an embargoed or boycotted country, restricted individual, or entity.
Three often misunderstood facts about export controls:
- Export controls not only apply to sending materials, items or information to other countries but to the transfer of such materials, items and information to foreign nationals within the United States – this means to your foreign graduate students, postdocs and colleagues. Export controls may also apply to the visual inspection of controlled technology by foreign nationals.
- The penalties for export control violations are both civil and criminal in nature and may be applied to you personally as well as the institution under certain circumstances. These penalties include up to ten years imprisonment and fines reaching as high as $1,000,000 per violation.
- Acceptance of any “side-deal” restrictions on what you publish as a result of your research is not only a violation of university policy but erodes and often destroys the fundamental research exclusion. You will be personally liable for such violations of the export control regulations.