Export Control

 

Controlled Items, Equipment, and Materials

Export restrictions depend on the export classification of the item and export destination. Defense articles and services under ITAR jurisdiction are enumerated on the United States Munitions List (USML) and are highly restricted. Commercial and “Dual Use” items under EAR jurisdiction are enumerated on the Commerce Control List (CCL) and have varying restrictions.

The best way to obtain an export classification is from the manufacturer/producer/developer of the item. The Bureau of Industry & Security provides a list of Publicly Available Classification Information. Per federal regulation 15 CFR 758.3, it is the responsibility of the manufacturer or supplier, not the buyer to identify the export classification of items being procured. Prior to a purchase, provide the Export Control Product Classification Certification form to the manufacturer/distributor and follow the Procurement process. Formal export classification requests can be submitted to government agencies; those requests must be submitted by OReSTCO on behalf of the university.

• Deemed Exports (EAR 734.2(B)(2)(II) and ITAR 120.17) is technology released to foreign persons in the US. This is different from technology shipped from the U.S. to another country. Please see the Federal Government definition of "Deemed Exports" and watch a short videoto learn more.
• A Technology Control Plan (TCP) is required for research involving controlled items. TCP’s include personnel training, screening, security, and assessment stipulations. TCPs must be submitted and approved prior to undertaking controlled activities. Engage RSIC for guidance when a TCP is required.

Many items, equipment, and materials (collectively referred to as “item”) are closely controlled under export regulations. In most cases foreign persons may interact with those items and no export license is needed. However, there are several situations where an export license may be required for a foreign person to access items, equipment, and/or materials on campus:

1. The item is controlled under the ITAR, even when used to perform fundamental research;
2. The item is controlled at a high level under the EAR, and one of the following is true:
3. The item is produced in the course of restricted (not fundamental) research or proprietary service activity
4. The foreign national is interacting with the item in a manner that meets all aspects of “use” as defined in the EAR, so as to gain the underlying control features of the item.

 

Faculty and staff who purchase and/or receive equipment, items, and materials should be aware that the export classification of such items is clearly known and documented. The best way to determine the classification is to ask the manufacturer. If the manufacturer cannot or will not provide this information, the Export Control Office can help determine the level of control and any necessary controls required.