Export regulations support U.S. national security, foreign policy, and nonproliferation goals by regulating exports to foreign countries and to foreign nationals in the U.S (“deemed exports). The federal regulations include:
Export Administration Regulations (EAR) EAR regulates the export of civilian and dual-use items that may have civilian or military applications, and is administered by the Commerce Dept. Exports subject to EAR include items in ten broad categories on the Commodities Control List (CCL) and other items exported to embargoed countries or end users/end uses of concern (EAR99 items). The restrictions for regulated items vary by country and are outlined in the Commerce Country Chart (15 CFR Chapter VII, Subchapter C, parts 730-774)
International Traffic in Arms Regulations (ITAR) ITAR regulates the export of defense items and defense services identified on the U.S. Munitions List
(USML), and is administered by the State Dept. (22 CFR Parts 120-130)
Foreign Assets Control Regulations The Office of Foreign Assets Control (OFAC) in the Treasury Dept. supports foreign policy and security goals by administering economic/trade sanctions against embargoed countries and specially designated individuals and entities (e.g. terrorists). (31 CFR Parts 500-598)
The export regulations prohibit the unlicensed export of materials/information involving national security or trade sanctions, and exports are defined broadly. Exports to a foreign destination or a non-exempt foreign national in the U.S. (“deemed exports”) include (1) oral, written, electronic or visual disclosures, (2) shipments, or (3) transmission of articles/items, software, technology, information, assistance or technical data
A license is required to export regulated items, but there are important exemptions for research and teaching activities at universities. The regulation and licensing requirements depend on what is being exported, where it is going, who will receive the export, and how it will be used. UTHSC-H and its faculty, staff and trainees must comply with these regulations, and penalties for violating them include fines, jail time, and loss of export privileges. Materials are available through the website to help determine if you have exports outside the U.S. or “deemed exports” to foreign nationals in the U.S. that are subject to export regulations. If you have questions about how the regulations apply to your research, if a license is required, or how to obtain a license, contact the offices listed below.
Contacts
Implications of export regulations for your research
