Export Controls
What Is It?
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 Do I Need to Do?
If you are not sure if a program solicitation has export control implications, contact Roger Wareham, Director of Grants and Research, or Christopher Paquet, UWGB Compliance Manager.