Export Regulations

University research is subject to U.S. export control laws that protect national security and trade, including the International Traffic in Arms Regulations (ITAR), implemented by the U.S. Department of State, and the Export Administration Regulations (EAR), implemented by the U.S. Department of Commerce. The Office of Foreign Asset Control (OFAC), which is part of the U.S. Department of the Treasury, also is responsible for administering and enforcing economic and trade sanctions against certain nations, entities, and individuals.

Heightened attention has been placed on export regulations since the tragic events of Sept. 11, 2001. These regulations prohibit the export of strategic information, technology, and services to countries that are under U.S. boycott, trade sanctions, and embargoes, and to foreign nationals inside the United States.

Failure to comply with these laws can result in very serious consequences, including penalties of up to $1 million in fines and up to 10 years in prison per violation.

International Traffic in Arms Regulations (ITAR)

The International Traffic in Arms Regulations (ITAR), administered by the Director of the Office of Munitions Control, Bureau of Politico-Military Affairs, U.S. Department of State under the Arms Export Control Act, control the export and import of defense-related articles and services. Under these regulations, licenses or other approvals must be obtained to share ITAR-protected information and materials, ranging from software to satellite technology, with foreign persons.

ITAR-protected information and materials are inherently military in nature and appear on the U.S. Munitions List.

Export Administration Regulations (EAR)

The Export Administration Regulations (EAR) are issued by the United States Department of Commerce, Bureau of Industry and Security (BIS), under laws relating to the control of certain exports, reexports, and activities. In addition, the EAR implement antiboycott-law provisions requiring regulations to prohibit specified conduct by United States persons that has the effect of furthering or supporting boycotts fostered or imposed by a country against a country friendly to United States.

The export control provisions of the EAR are intended to serve the national security, foreign policy, nonproliferation, and short supply interests of the United States and, in some cases, to carry out its international obligations. Some controls are designed to restrict access to dual use items by countries or persons that might apply such items to uses inimical to U.S. interests. The EAR also include some export controls to protect the United States from the adverse impact of the unrestricted export of commodities in short supply.

The EAR offers authoritative guidance on issues such as:

• When is an export license necessary and when is it not?
• How do you obtain an export license?
• What policies are followed in considering license applications?
• How do you know when the policies change?
• What are the latest restrictions on exports to certain countries and certain types of goods and services?
• Where are restrictive trade practices and boycotts prohibited?
• If necessary, where can you obtain further help?

Office of Foreign Asset Control (OFAC)

The Office of Foreign Asset Control (OFAC), part of the U.S. Department of the Treasury, is responsible for administering and enforcing economic and trade sanctions against certain nations, entities, and individuals. OFAC maintains a listing on their Web site of these restricted counter parties, called the "Specially Designated Nationals List" (SDN).