What Export Controls Affect University Research Activities?
"Export Controls" are those federal laws and regulations that govern the transfer or disclosure of goods, technology, software, services, and funds originating from the United States to persons or entities in foreign countries OR to non-U.S. persons anywhere (which is deemed to be an export to the country of that person's most recently acquired citizenship).
These are the three sets of export controls that primarily apply to research and scholarly activities:
- Applicable to All Researchers:
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Export Administration Regulations (EAR)
The EAR are administered by the Bureau of Industry and Security ("BIS") of the U.S. Department of Commerce to regulate dual use items, software, and technology. "Dual use" means they are designed for commercial or civilian use, but could have military applications (computers, for example). Almost all non-military U.S.-origin industrial goods, software, and related technology are regulated by the EAR.
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Sanctions and embargo programs administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of Treasury
These programs regulate financial and other transactions to further U.S. foreign policy goals with respect to certain countries (e.g., Cuba, Iran, Sudan), regimes (e.g., Mugabe regime and supporters in Zimbabwe), individuals (e.g., Osama bin Laden and other Specially Designated Nationals and Blocked Persons), and industries (e.g., blood diamonds trading).
- Applicable to Researchers in Science & Engineering:
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International Traffic in Arms Regulations (ITAR)
The ITAR are administered by the Directorate of Defense Trade Controls ("DDTC") of the U.S. Department of State to regulate
defense articles, which are goods, technology, and services that are inherently military in nature and identified on the
U.S. Munitions List (USML). The USML includes civilian space-related items, technology, software, and services because of their applications pertaining to missile technology. If you are involved in space sciences, please be sure to read about
Space-Related Transfers of items, software or technical data.