Export Controls

Exports & Imports

International shipments of items, technology, biological and chemical materials, and software are subject to numerous export and import obligations. University personnel who engage in international shipping are responsible for ensuring compliance with U.S. export control laws and regulations. Failure to apply for an export authorization or file the correct shipping documents, when necessary, can result in personal fines and/or incarceration and may also result in loss of the item/material being shipped. The Â鶹ÃÛÌÒAV Office of Export Controls is available to help comply with U.S. export control laws and regulations that are enforced by federal regulatory agencies.

Export Regulations

What is considered an export?

Items leaving the United States are considered exports, even if the item is only leaving temporarily. This includes tangible items (laptops, cell phones, equipment, samples, paper documents etc.) and intangible products (trainings, know-how, files, data, etc.). It includes items shipped via US Mail, a freight forwarder (i.e. FedEx, UPS, DHL, etc.) or hand-carried.

Which items require an export license to ship overseas?

Defense articles and associated technical data listed on the International Traffic in-Arms Regulations (ITAR) and U.S. Munitions List (USML) always require a license before being shipped to any country outside the U.S. Licenses are also required to import such items.

Commodities controlled under the Export Administration Regulations (EAR) may require a license, depending upon the country to which the item is being shipped, the ultimate end user, and the intended end use.

The Â鶹ÃÛÌÒAV Office of Export Controls is here to assist you in navigating these complex regulations. Please reach out to the appropriate contact by email prior to shipping high-risk items such as: biological or chemical materials; satellite equipment; GPS equipment; portable computing devices (i.e. laptops, iPads, etc.); items inherently military in nature; UAVs (drones); encryption software; spectrometers; radar equipment; lasers.

Who can I ship items to internationally?

The Office of Export Controls will assist with screening to ensure that the individuals and/or entities to which items are being shipped are eligible to receive those materials, i.e., that they do not appear on "specially designated national" or "banned parties" lists and are not in embargoed locations. The intent of the Office is not to discourage international shipping and partnerships but to assist faculty and department administrators in ensuring compliance with applicable federal requirements.

The Office of Export Controls currently works with FedEx and UPS to ensure compliance with items shipped through these vendors to foreign countries. You may receive notification from the Office of Export Controls if there are questions regarding items which are in route.

export declarations

U.S. Customs and Border Protections requires that any licensed export, as well as exports with a dollar value greater than $2,500, must be entered into the Department of Census Automated Commercial Environment (ACE) prior to the export of the item or information. While commercial freight forwarders will normally handle this entry into ACE, the Export Control Officer is available to assist with items that are hand carried or technical data being emailed or transmitted through electronic methods.

Federal Regulatory Agencies
State Department Commerce Department Treasury Department

Responsibilities

  • International Traffic in Arms Regulations (ITAR), 22 CFR 120-130

  • Defense articles, services and related technical data

  • Controlled technologies listed on the US Munitions List (USML)

Penalties

  • Criminal: up to $1 million per violation and up to 10 years in prison

  • Civil: seizure and forfeiture of articles, revocation of exporting privileges, fines of up to $500 thousand per violation.

Responsibilities

  • Export Administration Regulations (EAR), 15 CFR 730-774

  • "Dual use" items; exports, re-exports, and activities (goods and technologies) items that can be used both in military and other strategic uses (e.g., nuclear) and commercial applications

  • Controlled items listed on the Commerce Control List (CCL)

Penalties

Criminal: $50,000 to $1 million or five times the value of export, whichever is greater, per violation, up to 10 years in prison

Civil: loss of export privileges, fines $10,000 to $120 thousand per violation

Responsibilities

  • Office of Foreign Assets Control Regulations (OFAC), 31 CFR 500-598

  • Economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries, terrorists, international narcotics traffickers, and those engaged in activities related to the proliferation of weapons of mass destruction

  • Designated individuals, banks, companies, and other entities who are considered a threat to national security or who participate in activities that are against U.S. foreign policy are placed on the Specially Designated Nationals and Blocked Persons List (SDN list)

Penalities

Criminal: Up to $1 million and 10 years in prison

Civil: $12,000 to $55,000 per instance

Export Controlled Items

Shipment of controlled items should be planned well in advance, as it may take several weeks to several months to obtain any necessary license. There are some exceptions in place for temporary exports that may apply under certain circumstances. Each case is different and must be evaluated individually as laws and regulations change frequently.

Any individual intending to transmit export-controlled items, technical data or technology outside the U.S. must first contact the Export Control Officer. Some license exceptions or exemptions may be available. The Export Control Officer has final authority on the application of the proposed license exceptions or exemptions and may consult with counsel if necessary. All exceptions or exemptions must be documented prior to use and records must be maintained for a minimum of five years after the end of the project.

Please contact the Office of Export Controls for review of the items you plan to hand-carry or ship prior to export.

U.S. Munitions List

1) Firearms, Close Assault Weapons and Combat Shotgun

2) Guns and Armament

3) Explosives and Energetic Materials, Propellants, Incendiary Agents and Their Constituents

4)  Aircraft and Associated Equipment

5)  Military Training Equipment

6) Vessels of War and Special Naval Equipment

7) Tanks and Military Vehicles

8) Protective Personnel Equipment

9) Aircraft and Associated Equipment

10) Protective Personnel Equipment

11) Military Electronics

12) Fire Control, Range Finder, Optical and Guidance and Control Equipment

13) Auxiliary Military Equipment

14) Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment

15) Spacecraft Systems and Associated Equipment

16) Nuclear Weapons, Design and Testing Related Items

17) Classified Articles, Technical Data and Defense Services Not Otherwise Enumerated

18) Directed Energy Weapons

19) Reserved

20) Submersible Vessels, Oceanographic and Associated Equipment

21) Miscellaneous Articles
Controlled Commerce List

1) Nuclear Materials, Facilities and Equipment, and Miscellaneous

2) Materials, Chemicals, Microorganisms, and Toxins

3) Materials Processing

4) Electronics

5) Computers

6) Telecommunications and Information Security

7) Lasers and Sensors

8) Navigation and Avionics

9) Marine

10) Propulsion Systems, Space Vehicles, and Related Equipment

EXCLUSIONS/EXEMPTIONS FROM EXPORT CONTROL REGULATIONS

Fundamental Research Exclusion

Fundamental research is basic or applied research in science and/or engineering at an accredited institution of higher learning in the U.S. resulting in information that is ordinarily published and shared broadly within the scientific community. Fundamental research is excluded from export control regulations.

University research will not qualify for this exclusion if: (1) the university or investigator accepts any restrictions on the publication of the information resulting from the research or (2) the research has dissemination restrictions including restrictions on access based on citizenship.

It is important to remember two things about the fundamental research exclusion: 1) it applies only to information, 2) it does not apply to a sponsor's existing proprietary information when some or all of that information is required to be held confidential.

Educational Instruction Exclusion

Export control regulations do not apply to information released in academic catalog-listed courses or in teaching labs associated with those courses. This exclusion is based on the recognition in ITAR that "information concerning general scientific, mathematical, or engineering principles commonly taught in schools, colleges, and universities, or information in the public domain" should not be subject to export control restrictions.

Public Domain/Publicly Available Exclusion

Information that is published and generally available to the public, as well as publicly available technology and software, is outside the scope of the export control regulations. This exclusion does not apply to encrypted software, to information if there is reason to believe it may be used for weapons of mass destruction, or where the U.S. government has imposed access or dissemination controls as a condition of funding.

Public Domain is defined as information that is published and generally accessible to the public through:

  1. sales at newsstands and bookstores;
  2. subscriptions available without restriction to anyone who may want to purchase the published information;
  3. second class mailing privileges granted by the U.S. Government;
  4. ibraries open to the public or from which the public can obtain documents;
  5. patents available at any patent office; 
  6. unlimited distribution at a conference, meeting, seminar, trade show or exhibition that is generally accessible to the public and is in the United States;
  7. public release (i.e., unlimited distribution) in any form (not necessarily published) after approval by the cognizant U.S. government department or agency; and 
  8. fundamental research.

IMPORT REQUIREMENTS

When importing items into the U.S. it is necessary to work with the vendor and Purchasing Services in order to ensure that all shipping documents are filled out properly and to avoid any additional fees from U.S. Customs and Border Protection. Temporary imports may be eligible for license exceptions and be duty free under the condition that proper forms are completed prior to shipping the items.

Special requirements:

  • Items controlled under the ITAR always require a license before being imported.
  • The following categories of items have restrictions when importing into the U.S.:
    • Biological specimens
    • Certain fish and wildlife, and products made from them
    • Fruits, vegetables, plants, seeds, soil
    • Items from comprehensively embargoed countries, including Iran, Cuba, Syria, Sudan and North Korea

For training and more information about shipping or receiving biological materials refer to the Biosafety Program website.