Export Control
Export Controls are U.S. laws that regulate the distribution of strategically important technology, services, and information to foreign nationals and foreign countries, for reasons of foreign policy and national security.
What is export control?
Export control laws restrict the transfer of regulated material verbally, visually, or in writing either within the US ( “deemed export”), or outside of the US. They apply to research projects, academic collaborations and other interactions including travel to foreign countries. There are three Federal agencies that regulate export controls: the Department of Commerce, the Department of State, and the Department of Treasury.
Activities that may be affected by export control regulations
The Research Integrity Office (RIO) is available to assist staff and faculty with the regulatory issues that may apply to the following activities. Researchers should contact RIO before engaging in any of these activities, to ensure that export control regulations do not impact research.
- Foreign Travel.
- Transport of research equipment and other University property (such as laptops or iPads).
- Collaboration with international visitors, either formally or informally.
- Shipping equipment, information, data, or samples internationally.
- Hiring foreign nationals for research activities.
- Sponsored research that restricts participation, publication, or dissemination.
How can I know if export control regulations apply to my research?
This survey will walk you through a series of eight "yes"/"no" questions, leading to a determination of whether or not an export control license may be applicable to your situation. Your responses will be reviewed by the Research Integrity Office (RIO) and you will be contacted if further action is required.
Exclusions from export control regulations
There are exclusions to export control regulations that apply specifically to academia. The University recognizes that some activities at UWF may fall under the exclusions provided by regulatory agencies.
- Fundamental Research (basic and applied research in science and engineering, the results of which are published and shared within the scientific community at large).
- Educational Information (general science, math, or engineering commonly taught in courses).
- Published Information (information intended for distribution, generally accessible to the public in any form).
For additional explanation of these exclusions, please see the Export Control Confluence page.
Export Control Training
Additionally, PIs may complete the CITI (Collaborative Institutional Training Initiative) course: “CITI Export Controls Course.” You may view our step-by-step guide on accessing this course under the Additional Resources section of this page.
Whether or not research is sponsored, Primary Investigators (PIs) have primary compliance responsibility regarding export control laws. Consequently, communication with Research Administration and Engagement (RAE) and the Research Integrity Office (RIO) is essential. There are tools and resources available through RAE and the RIO to help the PI to determine if research activities are export controlled.
Failure to comply with U. S. export control laws can result in severe penalties, both civil and criminal, for the individual as well as the University. Under the Export Control Reform Act of 2018, criminal penalties can include up to 20 years of imprisonment and up to $1 million in fines per violation, or both. Civil administrative penalties can reach up to $300,000 per violation or twice the value of the transaction, whichever is greater. In addition, the University may impose its own disciplinary actions.
The Commerce Control List (CCL) and the US Munitions List (USML) detail items which are export controlled and OFAC regulates economic and trade sanctions against individuals, entities and countries. Further details about items regulated as export controlled by each of these agencies can be found at Export Control. Below you will find some examples of what are considered export controlled items. This is not an exhaustive list and the final determination for what is and isn’t export controlled should be made in consultation with the Research Integrity Coordinator at RIO@uwf.edu.
Commodities Examples: any item specifically designed for military use, satellites and gas centrifuges.
Technology Examples: GPS technology, medical lasers and technology with both military and commercial applications (dual use).
Information Examples: confidential, unpublished or proprietary information or data and sponsored classified research with restricted access by foreign nationals.
Technical data Examples: fingerprint and identification retrieval and engineering designs and specifications.
Software Examples: non-commercial encryption software programs and micro programs in either source code (programming statements) or object code (machine-readable instructions).
Services Examples: professional presentation to a country of concern and military or defense services.
In the event that a research project involves export controlled items, a process will be followed to obtain government permission, an export license, to engage in research activities while protecting the security of the items. No research activity that could expose export controlled items to foreign nationals, entities or countries can occur until a license is obtained. The University applies for an export control license on behalf of the researcher.