An export license may be required before controlled items, materials, or information may be exported. There is usually a lengthy processing time period (a minimum of 2-3 months) and some applications may be denied or contain restrictive conditions. The good news is that the vast majority of exports at UTC are made without a license!
License requirements are dependent upon four criteria:
- An item's technical characteristics,
- End use, and
- End user
“Exports” are defined not only as a physical transfer/disclosure of an item outside the US, but also as a transfer/disclosure in any form of a controlled item or information within the U.S. to anyone who is a foreign national (not a U.S. citizen or permanent resident). This is called the “deemed export” rule. As a result, unless an exclusion or exception is available, the university may be required to obtain an export license before allowing the participation of foreign national faculty, staff, or students in affected research. In some cases, a license may not be available at all based on the country involved.
The following are examples of situations where a license may be required:
- Presentation/discussion of previously unpublished research at conferences and meetings where foreign national scholars may be in attendance
- Research collaborations with foreign nationals and technical exchange programs
- Transfers of research equipment abroad
- Visits to your lab by foreign scholars
- Determining who may participate in the research project
When determining whether or not your export requires a license, you will need to work with ORI to consider the following:
- Are you wanting to export to a controlled country/restricted party?
- Does your export qualify for an exclusion?
- If not, what is the item's classification, is there a license exception, and is there an end use/user control?
Controlled Countries/Restricted Parties
Exports to countries under OFAC Sanctions are strictly controlled. Currently, OFAC administers active sanctions programs in: Afghanistan, Balkans, Belarus, Burma, Central African Republic, China, Cuba, Democratic Republic of the Congo, Ethiopia, Hong Kong, Iran, Iraq, Lebanon, Libya, Mali, Nicaragua, North Korea, Russia, Somalia, Sudan and Darfur, South Sudan, Syria, Crimea region of Ukraine, Venezuela, Yemen, and Zimbabwe.
Additionally, EAR imposes strict export controls on Cuba, Iran, and Syria.
Additional restrictions on prohibited end users are published by the Commerce Department, State Department, and Treasury Department. The United Nations, the European Union and several other countries publish lists of people and organization with whom trading is disallowed.
These lists are subject to frequent and sudden change.
ORI will work with you to ensure that comprehensive restricted party screening is undertaken during your Export Control review.