[Content courtesy of the Harvard School of Public Health]

U.S. Department of Commerce

The Bureau of Industry and Security (“BIS”) of the U.S. Department of Commerce is responsible for the administration and enforcement of the Export Administration Regulations (EAR).  The EAR primarily covers the export of “dual-use” commodities, software and technologies.  Dual use items are those that have predominantly commercial uses, but that may also have the potential for military application.  Items subject to the jurisdiction of the BIS are listed in the Commerce Control List (CCL) of the Export Administration Regulations (EAR) created under the Export Administration Act of 1979 (EAA).

In addition, the BIS is charged with administering and enforcing Antiboycott Laws.  The anti-boycott provisions encourage and, in some cases, require U.S. persons to refuse to participate in foreign boycotts that the United States does not sanction.  U.S. persons are also required to report receipt of boycott-related requests.  The BIS also maintains the Denied Persons List and the Entity List, which identify specific persons and entities to which exports are not permitted without the prior approval of BIS. 

Publicly Available/Public Domain Exclusion
EAR: Publicly available technology and non-encryption software, such as information that is the subject of an open patent application, published in a book or periodical, released at an open conference anywhere, available on a website accessible by the public with no access controls or information that will be published is not subject to the EAR.

Educational Information Exclusion
EAR: Release of information by instruction in catalog courses and associated teaching laboratories of academic institutions is not subject to EAR.

Deemed Exports
Generally, any item (commodities, software or technology, technical information, blue prints, design plans, circuit boards, etc.) subject to the Export Administration Regulations (EAR) that is shipped or transmitted from the United States to a foreign destination is an export.  In addition, technology, know how, and non-encryption source code that is released to foreign national within the U.S. is “deemed” to be an export to the country where the person is a resident or citizen and could be subject to licensing requirements.  This is what is commonly known as the “deemed export” rule. 

Example: The transfer of infrared camera technology to a Chinese national in the U.S. may be regulated as if the transfer of the technology was made to the Chinese national in China.   The transfer is thus “deemed” to be to China even though all activities take place in the U.S.

If you have any questions about whether any items you are exporting are subject to the EAR, please contact one of the individuals listed on the right.

U.S. Department of State

The Directorate of Defense Trade Controls (DDTC) of the U.S. Department of State administers the International Traffic in Arms Regulations (ITAR) created under the Arms Export Control Act of 1976.  Items regulated by the DDTC are described in the U.S. Munitions List of the ITAR.

The DDTC is charged with controlling the export and temporary import of defense articles and defense services covered that are specifically designed, developed, configured, adapted, or modified for a military application and, designating and determining defense articles and services.

‘Defense services’ include the furnishing of assistance (including training) to foreign persons, whether in the United States or abroad in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles, as well as furnishing technical data to foreign persons that is controlled under the ITAR.

Publicly Available/Public Domain Exclusion
ITAR: Information which is already published and generally accessible to the public is not subject to ITAR.  Information that is available through books, periodicals, patents, open conferences in the United States, websites accessible to the public with no access controls, or other public release authorized by the U.S. government, is considered in the public domain.

Educational Information Exclusion
ITAR: Information concerning general scientific, mathematical, or engineering principles commonly taught in schools, colleges and universities is not controlled by ITAR.

If you have any questions about whether any items you are exporting are subject to the ITAR, please contact one of the individuals listed on the right.

U.S. Department of Treasury

The Office of Foreign Assets Control (OFAC) of the U.S. Department of Treasury is responsible for the administration and enforcement of economic and trade sanctions against targeted foreign governments, individuals, entities, and practices based on foreign policy and national security goals, including terrorists and international narcotics traffickers and those engaged activities related to the proliferation of weapons of mass destruction.  Trade sanctions may prohibit a number of activities of US citizens abroad, such as the transfer of items and services “of value” and travel embargoes to sanctioned nations.  OFAC maintains the list of embargoed countries and a summary of the embargoes.  As of 2010, the strictest embargoes have been imposed on Iran and Cuba.

Under U.S. export control laws and regulations, the release or disclosure of technology to a foreign national is deemed to be an export to that foreign national’s country of origin. 

OFAC also maintains lists of Specially Designated Terrorists and Specially Designated nations and Blocked Persons (SDNL) with whom U.S. persons are prohibited from engaging in any transactions due to U.S. foreign policy and national security concerns.  Transfers of items and information to individuals or entities on these lists are prohibited without the prior approval of OFAC.  

It is reasonable to assume that any transaction with OFAC embargoed countries should be reviewed to ensure that a general or specific license from OFAC is not required. License exemptions are very limited for these countries, particularly for Cuba and Iran.

To determine what limits there might be to your research, conference and travel plans to embargoed countries or regions please contact one of the individuals listed on the right.