John K. McIver
Vice President for Research and Economic Development
Export Control Analyst
Phone: (208) 885-6341
Export controls are U.S. laws and regulations that govern the distribution of technology, services and information to foreign nationals and foreign countries for reasons including foreign policy and national security. Export controls usually arise for one or more of the following reasons:
- The export has actual or potential military applications or economic protection issues
- Government concerns about the destination country, organization, or individual
- Government concerns about the declared or suspected end use or end user of the export
In its promotion of academic inquiry and the dissemination of ideas, its performance of basic and applied research, and its execution of business transactions, the University, and its personnel, will comply with all U.S. export control laws and regulations. The University seeks to balance its commitment to the principle of openness in research and education with its obligations under these laws and regulations.
Although the vast majority of activities at the University are not subject to export control restrictions or licensing requirements each member of the University community should be familiar with the export control and embargo restrictions and their responsibilities under University policies and procedures with respect to such restrictions. This website is intended to provide guidance to the University community concerning the application of export controls to University activities and to identify individuals with formal administrative responsibility for compliance with export controls at the University.
If you receive export-control material, with prior approval by the University, the material should be handled according to the physical and information security measures included in the approved technology control plan established by the University for your activity. Any questions about the implementation of your technology control plan should be addressed to the Export Control Analyst.
Export control laws are implemented primarily by the regulations of and overseen by:
1) US Department of State (http://www.state.gov/)
- International Traffic in Arms Regulations (ITAR) - 22 C.F.R. §§120-130
- Governs "defense articles and services" and related information (items and information specifically designed or adapted for military use).
2) US Department of Commerce (http://www.commerce.gov/)
- Export Administration Regulations (EAR) - 15, C.F.R. §§ 730-774
- Governs “dual use” items and information, which are predominately civilian in character but have military applications.
3) US Department of Treasury (http://www.ustreas.gov/)
- Office of Foreign Assets Control (OFAC) Regulations - 31 C.F.R.§500
- Administers and enforces trade embargoes and economic sanctions.
- Any oral, written, electronic or visual disclosure, shipment, transfer or transmission outside of the United States to anyone, including a U.S. citizen, of any commodity, technology (information, technical data, or assistance) or software/codes
- Such exports include transfers of such items or information to foreign embassies, overseas corporate affiliates, and contractors.
- Any oral, written, electronic or visual disclosure, transfer or transmission to any person or entity of a controlled commodity, technology or software/codes to a non-U.S. entity or individual, wherever located (even to a foreign student or colleague at the University)
- Publication of research results would be severely restricted or controlled, contrary to University policy.
- Secure facilities with restricted access may be required.
- Special rules for controlled toxins, bio-agents, and chemicals may be invoked.
- An export license may be required by Commerce or State if information, technology, or an item or service is controlled. Obtaining an export license may be costly and result in considerable delays. Further, such licenses are limited in scope, with release permitted to only one individual or entity.
University research will not qualify as Fundamental Research if:
- the University or researcher accepts any restrictions on the publication of the information resulting from the research, other than customary prepublication reviews by research sponsors to prevent inadvertent disclosure of their proprietary information or the compromise of the patent rights of sponsors
- or the research is federally funded and the University or the researcher accepts specific access or dissemination controls regarding the resulting information.