Export Controls FAQs
EAR is the Export Administration Regulations which is under the U.S. Department of Commerce. The university must comply with EAR, as it governs most exported items in the US, including dual use items.
Dual use items have commercial purposed which could have military applications and include:
- Nuclear materials facilities and equipment
- Chemicals, microorganisms and toxins.
- Electronics design and development and production
- Sensors and lasers
- Navigation and avionics
- Marine technology
- Aerospace and propulsion
Check the Commerce Control List at www.bis.doc.gov for a complete list for a detailed list.
- An export is an actual shipment of any covered good or items..
- The electronic or digital transmission of any covered goods, items or related items.
- Any release or disclosure, including disclosures or visual inspections, of any technology, software, or technical data to nay foreign national.
- Actual use or application of covered technology on behalf of or for the benefit of any foreign entity or person anywhere.
A "foreign national" is anyone who is not a "U.S. person." A "U.S. person" is any one of the following:
- U.S. Citizen
- Lawful permanent resident alien (green card holder)
- Refugee - A person who has been forced from his home and crossed an international border for safety.
The TMP exception form allows traveling faculty an exemption from applying for a license to use certain items of technology, software and materials for research. The TMP exception does not apply to any EAR satellite or space-related equipment, components, or software, or to any technology associated with high-level encryption products.
There are certain components or materials of research that may raise red flags for export control review. High risk areas often include research projects involving engineering, computer information systems, encryption, and space/satellite technology.
Troublesome clauses include restrictions on participation by foreign nationals, restrictions on publication of research results, or NDAs, MTA or other agreements that restrict access to materials or data.
Foreign involvement ranges from training foreign nationals, collaborating with non-US colleagues in the US or abroad, shipping or transmitting anything (prototypes, samples, etc.) to a foreign country, travel to a foreign country, or working with a country subject to US boycott. Unknown entitles are private research sponsors--especially unknown, smaller entities or individuals who need to be screened against restricted party lists.