Export control laws prohibit the export of certain items and information, or the export of items and information to certain destinations, without a license. The term “export” is defined to include the transmission of goods outside of the United States, as well as the transmission of information by any means to foreign nationals, whether in the U.S. or abroad. The scope of the regulations is broad: they cover exports in the fields of science, engineering, and technology, and apply to Florida International University (FIU) activities. Faculty and staff of FIU may engage in various research activities overseas, such as attending conferences abroad, entering into academic agreements for services or agreements to do research or to provide goods outside the U.S., making payments to foreign entities or individuals, setting up overseas programs, and co-publishing scholarly articles with foreign colleagues. A handful of U.S. laws apply to the FIU foreign activities and to those who plan, participate or implement them. Violations of these laws carry monetary and/or criminal penalties, for both the individual committing the violation and for the University. The Export Administration Regulations (EAR), promulgated and enforced by the Department of Commerce, and the International Traffic in Arms Regulations (ITAR), promulgated and enforced by the Department of State, prohibit the export of specific unlicensed technologies for reasons of national security or protection of trade. If University research is controlled under the EAR or ITAR, depending on the facts of a particular project, the EAR and/or ITAR may obligate the University to obtain a license from State or Commerce as a condition of allowing foreign nationals to participate in the research, conducting the research in cooperation with a foreign company or foreign colleagues, sending research equipment to foreign countries, or sharing research technology —verbally, in writing or visually—with persons who are not United States citizens or permanent resident aliens. In addition to the EAR and ITAR, the Office of Foreign Assets Control (OFAC) in the Treasury Department administers and enforces boycotts that have been imposed against specific countries based on reasons of foreign policy, national security, or international agreements. Since the events of 09/ll/01, the federal government’s focus on export control laws and regulations has both increased and expanded to include universities. As a result, now more than ever, the Office of Sponsored Research Administration (OSRA) and the Office of the General Counsel, and PIs need to work together to review research projects, requests to ship equipment abroad, and research, nondisclosure and other agreements to determine whether and to what extent they implicate export control regulations. *Florida International University gratefully acknowledges the University of Maryland and the National Council of University Research Administration in the preparation and presentation of this information.
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