Overview of U.S. Export Control
There is a complex network of federal agencies and inter-related regulations that govern the export and dissemination of certain technologies and associated information which are commonly referred to as "export control regulations." Through the requirements of export control regulations, compliance programs are established which have a primary objective of advancing U.S. foreign policy and national security interests. At center of each export control compliance program is a critical or sensitive technology. In addition to the technology, each export control compliance program is influenced by other considerations which include, but are not limited to:
- the foreign country,
- the specific end-user (e.g., an entity or individual), and
- the intended end-use of the controlled technology.
As export control regulations apply to the physical form as well as information of a critical or sensitive technologyâ€™s technical make-up, it should come as no surprise that an "export" may occur in multiple fashions. An "export" is not limited solely to shipments of tangible items, nor to interactions with individuals or entities that are in a foreign country. For example, an "export" is "deemed" to have occurred to the country of citizenship of a foreign national at the very moment the technical data of an export-controlled technology is provided to the individual. Meaning, under the concept of "deemed exports," an export may occur in situations where a foreign national is on U.S. soil. Whether it is a standard export, or a deemed export, any technology or engagement that is considered "export-controlled" will either require an applicable exception, or for an export license to be approved and issued by an appropriate U.S. government agency.
Export Control at Florida Atlantic University
Florida Atlantic University is committed to complying with all U.S. export control laws and regulations. Such regulations include, but are not limited to, the Department of Commerce's Export Administration Regulations ("EAR"), the Department of State's International Traffic in Arms Regulations ("ITAR"), and the Department of the Treasury's Office of Foreign Assets Control ("OFAC"). In support of the University's commitment, all members of the FAU community have a responsibility to comply with U.S. export control laws and regulations, which includes the compliance measures required by FAUâ€™s policies and procedures. Examples of activities that commonly require members of FAUâ€™s community to comply with export control regulations include, but are not limited to the following:
- Sponsored and non-sponsored research
- Collaborating with non-U.S. persons and entities
- Traveling internationally
- Shipping internationally
- Providing non-U.S. persons and entities with financial support
- Developing, hosting, and transferring technology
Failure to comply with U.S. export control laws and regulations, and/or FAU's policies and procedures relating to export control, may result in severe criminal and civil penalties against the individual and/or the institution. Such penalties include imprisonment as well as significant monetary fines which may result in the loss of research grants and federal funding, among other privileges.
|Myles H. Lathrop, JD
|Export Control Officer
Disclaimer: The information and materials found on Florida Atlantic University Division of Researchâ€™s Export Control website is tailored for the FAU community. The information and materials relating to export controls on the Division of Researchâ€™s website may not apply to your specific situation or may be incomplete; this website and all of its content is neither intended to be nor does it constitute legal advice. Those outside of Florida Atlantic Universityâ€™s research community should seek the advice of counsel.