Export Controls
Federal regulations related to export controls are complex and under constant revision by the government. This is complicated by the fact that agencies do not use standard verbiage, define different items as being controlled and sometimes issue seemingly contradictory regulations on the same topics.
Export controls exist to protect the national security and foreign policy interests of this country. They govern the shipment, transmission, or transfer of certain sensitive items, information or software to foreign persons, entities or countries. Where applicable, they may require authorization from the U.S. Government in the form of an export license. Most items, information or software that the university ships or shares with its colleagues and research partners will qualify for a Fundamental Research Exemption. However, engaging in research that is described as classified, proprietary, publication-restricted or ITAR/EAR controlled can remove the opportunity for the exemption. Most often, circumstances that negate the protection of the Fundamental Exemption are identified at the proposal or award stage of a sponsored project, but any doubt or questions should always occasion a discussion with the Empowered Official or Export Control Officer in the Office of Research Integrity & Compliance. Discussion should be engaged as soon as possible as a license (should that be required) often takes several weeks to obtain.
What Are Export Controls?
Export controls encompass federal laws and regulations governing the export and sharing of certain items (information, technologies, and commodities) from the United States, particularly with Foreign Persons in the United States. These regulations aim to safeguard national security, economic interests, competitiveness, and the foreign policy of the United States. The governing regulations include the Export Administration Regulations (EAR) administered by the Department of Commerce, the International Traffic in Arms Regulations (ITAR) administered by the Department of State and the Office of Foreign Assets Control (OFAC) regulations administered by the Department of the Treasury.
It is crucial to emphasize that compliance with U.S. export controls is not optional; rather, it is mandatory. Non-compliance can lead to severe consequences, including civil and criminal penalties such as substantial fines and imprisonment. Violations of export controls can result in financial, reputational, and strategic harm to Stevens, potentially impacting its ability to engage in vital international activities in the future. As a U.S. research and academic institution, Stevens, along with its personnel, including faculty, staff, and students, is obligated to adhere to regulatory requirements concerning export controls.