Export Control FAQs

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What is export control?
Export control is the laws, regulations and international treaties that control the exchange of certain goods, services and information for reasons of foreign policy, scarcity and national security.

Why should I be concerned with complying with international trade controls?

• Delayed shipments
• Destroyed research (dead specimens)
• Potential loss of research money
• Fines
• Possible termination of export privileges for entire campus
• Loss of reputation

What is an export?
From ITAR 120.17, EAR 734.2(b)

• An actual shipment or transmission of items subject to the EAR or ITAR (commodity, technical data, or software) out of the United States.

• Releasing (including oral or visual disclosure) “technical data” or software “source code” to a “foreign person,” in the United States (“deemed export”).

• “Foreign persons” is everyone other than a US citizen, a permanent resident alien, and certain ‘protected individuals’ (refugees and those with asylum). It includes any company not incorporated in the United States.

Examples of Exports:

SHIPPING OUT of US

• Physical shipments or hand-carried items on air planes, motor vehicles or sea vessels
• Release of technical data or software in a foreign country

RELEASING INFO in US

• Release of source code to a foreign national in the US
• Release of technical data to a foreign national in the US
• Inspections of U.S. equipment and facilities by a foreign national

What regulations govern exports?

• State Department-ITAR (Int’l Traffic in Arms Regulations)
  http://www.pmdtc.org/

• Dept. of Commerce, Bureau of Industry and Security-EAR (Export Administration Regulations
  http://www.bis.doc.gov/

• Treasury-OFAC (Office of Foreign Asset Control)
  Sanctioned countries: Balkans, Burma, Ivory Coast, Cuba, Iran, Iraq, Liberia, Libya, North Korea, Sudan, Syria, and Zimbabwe
  http://www.treas.gov/offices/enforcement/ofac/programs/
  
  Specially Designated Nationals (SDN) List
  http://www.treas.gov/offices/enforcement/ofac/sdn/

• Census
  Shippers Export Declaration
  http://www.census.gov/foreign-trade/regulations/forms/
  
  Schedule B Export Codes
  http://www.census.gov/foreign-trade/schedules/b/

• Customs-imports and exports—the enforcers of international trade
  http://www.cbp.gov/xp/cgov/home.xml

• Other countries import regulations

Exclusions to Export Control

• Public Domain-available in libraries, trade shows, published patents, websites accessible to public
• Education- commonly taught at universities; educational information released in instruction
• Fundamental Research-research results are ordinarily published & shared with scientific community

How can I protect myself and my research?

• You are responsible-if there is a question, call the Office of Research Compliance Administration at 831-459-4114
• Don’t sign any agreements
• Don’t ship internationally with out checking with EHS at 831-459-2553
• Plan ahead; if you know you need to ship, allow time for a permit to be obtained