Export Control

The United States government actively regulates, and in some cases, restricts the export of certain items and information, including technologies that it deems critical to the interests of national security, the economy, and foreign policy. Ohio university is committed to complying with applicable U.S. laws and regulations pertaining to exports of items, services and technology by or on behalf of the University.

All Ohio university personnel, including faculty members, visiting scientists, postdoctoral fellows, students and staff at, employed by, or affiliated with Ohio university must comply with the export control policy and the related export compliance manual. Export control regulations apply regardless of the source of funding, both external and internal.

Export Control Training

Individuals seeking training in export control regulations as they relate to university research may complete the Collaborative Institutional Training Initiative (CITI) web-based course: US Export Control Regulation. The course contains modules providing a basic overview of export controls. Also provided is information specific to the various federal agencies that oversee export controls including the State Department’s International Traffic in Arms Regulations (ITAR), the Commerce Department’s Export Administration Regulations (EAR) and the Treasury Department’s Office of Foreign Assets Control (OFAC).

The CITI course can be used to fulfill the export control training requirement for university staff, students and/or employees that may be required.

Bureau of Industry and Security (BIS) within the U.S. Department of Commerce Is charged with the development, implementation and interpretation of U.S. export control policy for dual-use commodities, software, and technology as found in the Export Administration Regulations (EAR) (15 CFR Parts 730-774), as listed on the Commerce Control List (CCL).  BIS provides web-based export control training.

Definition of Terms

Deemed export: A deemed export occurs when information or technology subject to export control is released, disclosed, or transmitted to any foreign national in the U.S.  Such a release, disclosure, or transmission is considered to be an export to the country of citizenship of the foreign national.

Disclosures to bona fide full time employees: ITAR recognized exemption permitting the disclosure of unclassified technical data in the United States by U.S. universities to foreign nationals where: 1) the foreign national is the university’s bona fide full-time regular employee; 2) the employee’s permanent abode throughout the period of employment is in the United States; 3) the employee is not a national of an embargoed country; and 4) the university informs the employee in writing that information disclosed may not be disclosed to other foreign nationals without prior written governmental approval.

Dual use: Dual use refers to a commercial item which also has a potential military application or raises a national security concern. 

Educational information: Educational information is information that is normally released by instruction in catalog courses and associated teaching laboratories of academic institutions.  Educational information is generally not subject to export controls.

Empowered official: An empowered official is someone directly employed by an organization who is legally empowered in writing to sign export license application or other requests for approval on behalf of the organization.  An empowered official has the independent authority to: 1) inquire into any aspect of a proposed export by the organization; 2) verify the legality of the transaction and the accuracy of the information contained in the application; and 3) refuse to sign any license application or other request for approval without prejudice or other adverse recourse.

Export: An export occurs when an item is transferred physically from the U.S. to a foreign country, e.g., actual shipment of goods or carried during international travel, as well as when information is transmitted to a person or entity in a foreign country, whether in writing, or via email, phone, fax, internet, and verbal conversations. 

Export license: A written authorization provided by the appropriate governing regulatory authority detailing the specific terms and conditions under which export or re-export of export-controlled items is allowed.

Export license exception/exemption: An authorization that, under very specific conditions, allows for the export or re-export of items that would normally require an export license.  

Export Control Exemption and/or Exclusion: Specific, legally-recognized contexts in which export control regulations are inapplicable to the transmission of information, e.g., Fundamental Research, Public Domain/Publicly available, Educational Information, and Disclosures to Bona fide Full Time Employees (ITAR exemption only).

Foreign national: Any person who is not a U.S. citizen, or who is not a lawful permanent resident of the U.S. (i.e., not a green card holder), or who does not have refugee or asylum status in the U.S.  This includes all foreign persons in the U.S. as tourists, students, business people, scholars, researchers, technical experts, salespeople, military personnel, diplomats, etc.  Any foreign corporation, business association, partnership, trust, society or any other foreign entity or group as well as international organizations and foreign governments are considered “Foreign National(s).”

Fundamental research: Any basic and applied research in science and engineering, the results of which are ordinarily published and shared broadly within the scientific community.  Information that results from Fundamental Research is not subject to export control.

In-Country transfer: The transfer of an item or information to a person or entity that is named on the Entity List maintained by the Bureau of Industry and Security in the U.S. Department of Commerce.

Item(s): Any material, technology, equipment, technical data, software, source code, or commodity, and any information useful to, or used for, the development, production, or use of  any material, technology, equipment, technical data, software, source code, or commodity.

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

Re-export: A re-export occurs whenever any item or information is sent from one foreign country to another foreign country.

Storing Export Control Data

Refer to OIT Security Storing Data by Type for information regarding how to store export control data.

U.S. Export Control Laws and Regulations

These include, but are not limited to, ITAR, EAR, and OFAC:

ITAR (International Traffic in Arms Regulations):  Regulations governing the exports and re-exports of items and services for military use, which include defense articles, including technical data, defense technologies, and defense services. These regulations are under the jurisdiction of the U.S. Department of Defense.  (22 CFR Parts 120-130).  

EAR (Export Administration Regulations):  Regulations governing the export, including deemed export and re-export of dual use commercial items and technologies and other commercial items and technologies without an obvious military use.  These regulations are under the jurisdiction of the Bureau of Industry and Security, U.S. Department of Commerce.  (15 CFR Parts 730-774). 

OFAC (The Office of Foreign Assets Control):  The federal government office responsible for administering and enforcing foreign asset control regulations.  This includes economic and trade sanctions based on federal 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.  The regulations administered by OFAC include controls with regard to specific individuals, specific organizations, and certain countries. OFAC is under the U.S. Department of the Treasury. (31 CFR Parts 500-598).

For assistance with Export Control issues contact the ORSP Service Center at orsp@ohio.edu or call 740.597.6777 (ORSP).