FEDERAL REGULATIONS GOVERNING EXPORT CONTROLS

Export control laws are Federal laws that govern the sharing of information with foreign governments or non-U.S. citizens or entities, and laws that govern the export of tangible items outside the U.S.  The U.S. export control laws are spread across several different Federal agencies and acts of Congress.  The three most common export control laws are administered by three independent agencies.

  • Department of Commerce Regulations: Export Administration Regulations (EAR) Administered by the U.S. Department of Commerce Bureau of Industry and Security. EAR covers "dual use" civilian/military items and technology and some items that have solely civilian use.
  • Department of State Regulations: International Traffic in Arms Regulations (ITAR) Administered by the U.S. Department of State Directorate of Defense Trade Controls. ITAR regulates items and services related to military/defense applications, including spacecraft and satellites.
  • Department of the Treasury Regulations: Office of Foreign Assets Control (OFAC) Administered by the U.S. Department of the Treasury, OFAC covers restrictions due to foreign trade embargoes and economic sanctions. It also has regulatory authority over travel and the transfer of funds, services, and items to certain countries, entities, and individuals.

There are additional agencies that have rules governing the export (and often import) of dangerous substances.  These agencies include:

  • The EPA, which administers various laws related to the export of chemicals, plastics, and other potentially hazardous material.
  • The Department of Energy, through the Atomic Energy Act and in concert with other agencies, administers rules on export of nuclear related material and information.
  • The Department of the Interior through the U.S. Fish and Wildlife Service governs export (and import) of wildlife and wildlife products
  • The USDA Animal and Plan Health Inspection Service (APHIS) regulates the export of live animals and plants, and products of animals and plants.

Basically, any time you plan to take something out of the country, even if you will not give, share, or sell it to a person or entity, it is likely the product is export controlled.  Check with the Office of Research Administration for more information.