Regulatory Framework
Export Administration Regulations (EAR)
The Export Administration Regulations (EAR) are U.S. federal regulations that control the export, re‑export, and transfer of certain technologies, software, and equipment for national security and foreign policy reasons. Items subject to the EAR are identified on the Commerce Control List. In an academic setting, the EAR may apply to research activities involving controlled technology, international collaborations, international shipments, or access by foreign nationals when the activity is not covered by the Fundamental Research Exclusion.
- The Export Administration Regulations are administered and enforced by the Bureau of Industry and Security (BIS) within the U.S. Department of Commerce.
International Traffic in Arms Regulations (ITAR)
The International Traffic in Arms Regulations (ITAR) are U.S. federal rules that control the manufacture, use, export, and disclosure of defense articles, defense services, and related technical data that are inherently military in nature. In a university setting, ITAR may apply to research, equipment, software, or technical information listed on the U.S. Munitions Import List (USML) and generally does not qualify for the Fundamental Research Exclusion, particularly when access by foreign nationals or publication is restricted.
- The International Traffice in Arms Regulations (ITAR) are administered and enforce by the U.S. Department of State, through the Directorate of Defense Trade Controls (DDTC).
Office of Foreign Assets Control (OFAC)
The Office of Foreign Assets Control (OFAC) administers U.S. economic and trade sanctions that restrict transactions with certain countries, entities, and individuals. In a university setting, OFAC requirements may affect international collaborations, travel, payments, visiting scholars, shipments, and other activities involving sanctioned countries or restricted parties. Compliance may be required regardless of whether the activity involves fundamental research.
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Sactions are administered by the Office of Foreign Assets Control (OFAC) within the U.S. Department of the Treasury.