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Export Compliance: Export Regulations

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Background

The two sets of regulations most prominent to University activities are the Export Administration Regulations (EAR) administered by the Department of Commerce and the International Traffic in Arms Regulations (ITAR) administered by the Department of State. In addition, economic and trade embargoes and sanctions as administered by the Office of Foreign Assets Control (OFAC) include restrictions that may affect University activities.

The EAR has been designed primarily to implement the Export Administration Act of 1979, as amended, 50 U.S.C. app. 2401-2420 (EAA). From time to time, the President has exercised authority under the International Emergency Economic Powers Act with respect to the EAR (50 U.S.C. 1701-1706 (IEEPA)). The EAA is not permanent legislation, and when it has lapsed, Presidential executive orders under IEEPA have directed and authorized the continuation in force of the EAR. The ITAR is governed primarily by 22 U.S.C. 2778 of the Arms Export Control Act (AECA) and Executive Order 11958, as amended.

Regulatory Agencies

U.S. Dept. of State - Directorate of Defense Trade Controls (DDTC)

  • Defense Services and Defense Articles - Items specially designed, modified, adapted, configured or developed for military use as found in the International Traffic in Arms Regulations (ITAR).
  • ITAR 22 CFR parts 120 through 130.

U.S. Dept. of Commerce - Bureau of Industry and Security (BIS)

  • Dual-Use exports - items that can be used both in military and other strategic uses and in civil applications as found in Export Administration Regulations (EAR).
  • EAR 15 CFR parts 730-799

U.S. Dept. of Treasury - Office of Foreign Assets Control (OFAC)

  • Administers and enforces economic and trade sanctions against targeted foreign countries, regimes, terrorists, and other threats.
  • OFAC 31 CFR parts 500 through 590.

U.S. Dept. of Commerce - Bureau of Census

  • Foreign Trade Regulations (FTR) - Automated Export System (AES).
  • 15 CFR part 30

Department of Defense (DoD) - The Defense Security Service (DSS)

  • Protection of US and foreign classified information.
  • NISPOM DOD 5220.22-M

Department of Energy

  • Nuclear Technologies and Services.
  • 10 CFR part 810.

Patent and Trademark Office

  • Patent Filing Data Sent Abroad
  • 37 CFR part 5

Multilateral Cooperation

In conjunction with unilateral controls the US also seeks multilateral cooperation in controlling access and distribution of material that potentially have military utility. These cooperation's are found in various agreements and groups. Several are listed below.

  • Wassenaar Arrangement (Arms Trafficking)
  • Missile Technology Control Regime (MTCR)
  • Nuclear Suppliers Group (NSG)
  • Australia Group [Chemical / Biological] (AG)