Export Controls - Faculty
Can I travel with my laptop?
Under the Temporary Export Exemption, you can travel with your laptop as long as it in your control at all times, is returned to the United States after no more than one year, and is a "tool of the trade." A laptop is classified as a "tool of the trade" if it is vital to your research and is not being used for any illegal activity. Consult EAR Part 740.9 for more on tools of the trade. The Temporary Export Exemption does NOT apply, however, if you are traveling to an embargoed country (Balkans, Burma, Ivory Coast, Cuba, Democratic Republic of the Congo, Iran, Iraq, Liberia, Libya, North Korea, Sudan, Syria, and Zimbabwe). If you are traveling to one of these countries, you may need to apply for an export license before taking your laptop outside
of U.S. borders.
How do I apply for an export license?
The Simplifed Network Application Process Redesign (SNAP-R) is the Bureau of Industry and Security's on-line system for submitting license applications. If you think that you need a license, begin the application process as soon as possible. It can take from six months to one year to process license requests. Visit the Bureau of Industry and Security for more information on applying for an export license.
When do I need to apply for a license under the "deemed export" rule?
If the good or technology on which information is being passed is listed on the Commodities Control List or Munitions List and no exceptions or exemptions apply, then U.S. entities must apply for an export license. The deemed export rule implies that (1) they intend to transfer controlled technologies to foreign nationals in the United States; and (2) transfer of the same technology to the foreign national's home country would require an export license. The individual to which information is being passed is "deemed" to pass this information to their home country.
What should I do if I am not sure whether my good or technology falls under EAR or ITAR?
Contact the Graduate School for more information. If no decision can be reached, the State Department can perform a Commodity Jurisdiction Ruling to determine whether the item falls under the EAR or ITAR.
How can I be sure that my research is classified as "fundamental research"?
Fundamental research takes place inside the U.S. and is published openly and publicly in the academic community. If any restrictions on publication or dissemination of information are accepted by the PI or faculty member, the research is no longer fundamental and, if foreign nationals are involved, an export license may need to be applied for.
Can you simplify all of this for me? Should I be worried about export control violations?
Export controls are federal law. However, there are ways to make sure that you are in compliance with all regulations. Make certain that the Fundamental Research Exemption applies to your work. In order to do so, you must not accept any restrictions on publication or personnel from any source of support. If you do accept access, participation, or dissemination restrictions, then an export license may need to be applied for. Also, if you are shipping a piece of equipment that is regulated by the Commodity Control List or United States Munitions List outside the U.S., you will almost always need to apply for an export license.
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