Application of Export Controls
Do export control laws apply to me?
U.S. export control laws govern the transfer of controlled information, items and technologies to foreign countries and foreign persons for national security purposes. The regulations also seek to further U.S. foreign policy through the administration of trade and economic sanctions. Export control regulations can control everything from technology and data to economic transactions and business partnerships. The University’s Policy on Export Controls states that all individuals or entities acting on behalf of the University must comply with all United States export control laws and regulations.
- How can an export occur?
- Physically sending export controlled items to a foreign country – e.g. international shipping.
- Transporting (including hand carrying) export-controlled technology to a foreign destination – this includes University laptops taken for international travel.
- Transmitting or accessing export-controlled information or software electronically or digitally to a foreign country or foreign person.
- Use of export-controlled technology on behalf or for the benefit of a foreign person or foreign country.
- Deemed export – Disclosure or transfer of export-controlled items (including technology and information) to a foreign entity or individual within the U.S. is deemed to be an export to the home country of the foreign person. May occur by such means as:
- Tours of laboratories.
- Involvement of foreign persons in the research.
- Oral exchanges, emails or visual inspection.
- Hosting a foreign researcher.
- Who can have access to export-controlled technology/information?
- U.S. persons may have unrestricted access, for the purpose of export control regulations, to export-controlled technology/information. A U.S. person is a U.S. citizen, “green card” holder, asylee or refugee designations, incorporated to do business in the U.S.
A foreign person may not be able to have access to export-controlled technology or information. The University’s Export Compliance Office should be consulted before granting access or sharing export-controlled technology or data with a foreign national or foreign entity.
A foreign person is any U.S. person effectively owned or controlled by a foreign interest, foreign businesses not incorporated in the U.S., or individuals holding a work or student visa (F1, J1, H1B)