Export Control Regulations
Export control regulations are designed to protect national security, support foreign policy objectives, and prevent the unauthorized sharing of sensitive or strategic technologies. These laws apply not only to physical exports (such as shipping equipment overseas), but also to “deemed exports,” which occur when controlled information is shared with foreign nationals within the United States.
University research activities are most commonly subject to the following regulations:
ITAR
The International Traffic in Arms Regulations (ITAR) strictly regulate the export and import of defense-related articles and services within the United States. Administered by the Department of State, ITAR ensures that sensitive military technology and information is protected from unauthorized foreign access to maintain national security and support foreign policy objectives. ITAR governs a broad range of defense equipment, technical data, and services. It requires exporters to obtain licenses before transferring controlled items internationally. Adherence to ITAR helps prevent proliferation of defense technologies that could compromise U.S. interests or escalate conflicts globally.
ITAR Basics
ITAR requires licensing, registration, and compliance to control defense articles and technical data. Manufacturers, exporters, and brokers must register with the DDTC and adhere to strict reporting and recordkeeping rules.
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Export Administration Regulations (EAR)
The Export Administration Regulations (EAR) govern the export, reexport, and transfer of certain goods, software, and technology, including dual-use items (those with both commercial and military applications) and some purely commercial items. The Bureau of Industry and Security (BIS) within the U.S. Department of Commerce is responsible for implementing and enforcing the EAR. A key aspect of EAR compliance is determining whether a license is required based on the item’s characteristics, destination, end user, and end use.
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Office of Foreign Assets Control (OFAC)
The Treasury Department’s Office of Foreign Assets Control (OFAC) administers and enforces economic and trade sanctions that have been imposed against specific countries based on reasons of foreign policy, national security, or international agreements.
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