Export Controls

Export controls primarily refers to the federal International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). The ITAR govern the export of "defense articles" and "defense services." The term "export" means the transfer of items, information or services overseas, or their provision to a foreign person inside the U.S. (including, for example, a student in a classroom or a colleague in a research lab). The EAR govern the export of "dual-use" technologies—items that are used, or have the potential to be used, for military and non-military purposes if such export could adversely affect the national interests of the U.S. The definition of "export" under the EAR is very similar to the definition under the ITAR. Both sets of regulations apply only to items and information that are not publicly available; therefore, the results of academic research are generally exempt from both the ITAR and the EAR provided that the results have been published (ITAR) or are intended for publication (EAR). Export controls are most likely to apply in a university setting if:

1. Research results cannot be published until approved by the sponsor, or
2. Items or information have been received from an outside source under a confidentiality agreement.

In such circumstances, if the information is export-controlled it cannot be shared with certain “foreign persons” (i.e., a person who is not a U.S. citizen or a permanent resident) unless a license is first obtained from the U.S. government.

What Are Exports

Exports can include a wide variety of things, data and technology, including, but not limited to, any of the following:

• Shipping an item overseas
• Sending an e-mail to a foreign person
• Making a phone call or sending a fax to a foreign person
• Any electronic transfer of information abroad
• Actions which are “deemed exports”:
  Deemed exports occur any time a foreign person gains access to information, data or technology in the United States. At that point, the information, data or technology is deemed to have been exported to their country of citizenship. Examples of deemed exports can include:
  1. Foreign persons* working in a lab. 
  2. Sharing information with a foreign person in the United States regarding a project
  3. Taking foreign persons on a tour of a lab with controlled equipment
  4. Speaking with foreign collaborators at conferences being held in the United States

*A foreign person is anyone who is NOT: A U.S. citizen; A permanent resident/green card holder; Someone granted asylum, refugee status or amnesty by the government; or, A US company, university, organization or government division. Please remember, green card holders are U.S. persons, whereas persons here on work or student visas are Foreign Persons. Additionally, foreign students of any level are counted as foreign persons for export control purposes.

What You Need to Do

Any time an activity falls within export control, or if you have doubts about whether an activity falls within export control, please contact us, and we will be happy to discuss your situation with you.

In any instances where Export Controls may be implicated, University employees must follow UW-Green Bay’s Institutional Review Procedure and Assessment (pdf).

Restricted Countries or Embargoed Countries

The U.S. government has placed embargoes or restrictions on activities with persons or organizations in certain countries. These activities include, but are not limited to:

• Travel / Speaking at or attending conferences
• Shipping / Receiving items
• Financial transactions

Because the Office of Foreign Asset Controls (OFAC) regularly updates and/or modifies various sanction and embargo programs, it no longer maintains a "Country List." Therefore, it's crucial to regularly consult OFAC’s website to ensure you have complete information.