Federal Agencies and Their Export Control Regulations
The Federal agencies and their export control regulations most commonly associated with research activity at academic institutions in the US are the following:
- US Department of State
- Directorate of Defense Trade Controls The Directorate of Defense Trade Controls (DDTC), in accordance with 22 U.S.C. 2778-2780 of the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR), is charged with controlling the export and temporary import of defense articles and defense services covered by the United States Munitions List (USML).
- International Traffic in Arms Regulations (ITAR) 22 CFR Parts 120-130- Governs "defense articles and services and related technical data” (items and information specifically designed or adapted for military use. Examples are firearms, satellites, spacecraft, military equipment, toxicological and biological agents, and associated equipment.
- ITAR Embargoed Countries: http://www.pmddtc.state.gov/embargoed_countries/index.html
- US Department of Commerce
- (Bureau of Industry and Security) (BIS) Mission: Advance U.S. national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance system and promoting continued U.S. strategic technology leadership.
- Export Administration Regulations (EAR) 15 CFR §§734-774- Controls items that have both a commercial and potential military use. Examples are computers, lasers and pathogens. EAR covers “deemed exports”. The Department of Commerce also administers lists of individuals or organizations denied or debarred from export transactions or that may require a license for export. Go to Supplement 1 part 774 for a quick alphabetical index list of controlled items (note this is not an exhaustive list, but does give you areas to check).
- Use the Introduction to Commerce Department Export Controls and the Commerce Country Chart to assist in determining if a Commerce export license is required.
- Go to Avant International for searchable CCL Tool
- US Department of the Treasury
- (Office of Foreign Assets Control) (OFAC) 31 CFR 500-599 - Administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States.
See List of Sanctions Programs
- Other Federal Agency Guidance and links
- Nuclear Regulatory Commission 10 CFR §110
Bureau of Alcohol, Tobacco, and Firearms 27 CFR §444-555
Office of Patents and Trademarks (PTO) 37 CFR §5
- National Security Decision Directive 189
- Directive 189, and June 26, 2008 and May 24, 2010 DOD memos regarding Fundamental Research
- Embargoed or Otherwise Restricted Destinations and Persons (UC Site)
- Key Regulatory Areas
- High Performance Computers
- Antiboycott Requests - requests to engage in activities that further or support the boycott of Israel
- BIS/DOC Commodity Classification table http://www.bis.doc.gov/commodityclassificationpage.htm
Violations of these export control regulations can lead to significant civil and criminal penalties.
- Technology Alert Lists
Due to heightened concern for national security, international faculty, scholars, and students seeking U.S. visas often encounter lengthy delays due to the imposition of additional security clearances related to the Technology Alert List (TAL). The purpose of this is to protect national security by preventing the export of "goods, technology, or sensitive information" through activities such as "graduate-level studies, teaching, conducting research, participating in exchange programs, receiving training or employment, or engaging in commercial transactions."
Students or scholars who apply for a visa when the research area fall within activities designated on or related to the Technology Alert List (TAL) including:
- chemical engineering
- materials technology
- information security
- remote sensing and imaging technology
- advance computer /microelectronic technology
- sensors and sensor technology
- lasers and directed energy systems technology, and
- urban planning (including architecture, design and civil engineering)
may require additional scrutiny by the Department of State or the Department of Homeland Security.
Students or scholars who also
- have citizenship or residence in a country designated as a “state sponsors of terrorism” (Cuba, Iran, Sudan, Syria);
- may be involved in technology transfer-particularly for citizens from countries considered to possess nuclear capability (China, India, Israel, Pakistan, and Russia);
- may have their name (or part of a name) on a US government watch list
may require additional scrutiny by the Department of State or the Department of Homeland Security as well.
Please view export control requirements as well as visa information (courtesy of UMBC International Education Services) for more information.