Export Controls Laws
These are the U.S. Government regulations which govern what scientific instruments, technologies, software and materials can be accessed by foreign nationals studying, visiting, or working in the U.S., as well as what items can be transferred internationally to certain destinations based on the type of item, end use, end user and country destination. The federal agencies responsible for export control include (but are not limited to) the Departments of Commerce, State, Defense, Agriculture, Energy, Nuclear Regulatory Commission, NASA, National Security Agency, and Homeland Security. The Treasury Department’s OFAC regulations govern travel, academic, research and business transactions with certain specifically-sanctioned countries.
In addition, a subset of these regulations broadly restrict a U.S. “Person” (which for these purposes includes a U.S. university) from conducting or facilitating an export (and, in certain cases, conducting a financial transaction) with persons or entities who are denied or restricted because of national security, nuclear, chemical/biological, economic sanctions or other federal concerns.
International Traffic in Arms Regulations (ITAR)
These are the State Department’s defense-based controls under 22 CFR (120-130) governing defense articles and activities. Defense articles are defined generally as hardware, materials, equipment, software, technology and technical data specifically designed or modified for defense or military application, without a civil performance or use equivalent. These items are referenced in the ITAR’s United States Munitions List (USML). The ITAR governs many types of commercially available, “best in class” items originally designed according to military specifications that are commonly used in research activities, including but not limited to the Engineering, Biological, Information, and Space sciences. Examples include certain low light, infrared cameras, Class IV lasers, or radiation hardened, and space-qualified devices that are used in research.
Export Administration Regulations (EAR)
The Export Administration Regulations (EAR) (15 CFR 700-799), issued by the U.S. Department of Commerce, govern “dual use” technologies and products that have both military and civilian uses. Goods and services controlled under the EAR are listed on the Commerce Control List (CCL) and are divided into ten categories: (0) nuclear materials, facilities, and equipment; (1) materials, chemicals, microorganisms, and toxins; (2) materials processing; (3) electronics; (4) computers; (5) telecommunications and information security; (6) sensors and lasers; (7) navigation and avionics; (8) marine; and (9) propulsion systems, space vehicles, and related equipment.
Additionally, the fact that Villanova can purchase a dual use item commercially for research purposes, does not mean that the item is not export controlled. If the item meets the technical definition of an EAR dual use controlled item, Villanova assumes the compliance responsibility for complying with applicable foreign national use restrictions, as well as license requirements for (or prohibitions against) transferring such items internationally.
Office of Foreign Assets Control (OFAC) Sanctions Programs
These are the Treasury Department’s economic embargo controls under Title 31 CFR (500-598) governing which types of transactions are restricted with certain countries that OFAC defines as “terrorist-sponsoring” nations. Exports constitute only one of many types of restricted transactions which OFAC defines as providing a restricted “service.” While OFAC maintains economic embargoes with numerous countries, entities and individuals, the broadest embargoes impact exports to Cuba, Iran, Syria, and Sudan. Transactions with these countries (including, potentially, activities normally considered part of international research collaboration) may require an OFAC license.