Overview of Export Control Regulations
The Export Administration Regulations, issued by the U.S. Department of Commerce and located in 15 CFR §§ 730-774, govern “dual use” technologies and products that have both military and civilian uses, such as certain computers or other technologies. Goods and services controlled under the EAR are listed on the Commerce Control List (CCL) and are divided into 10 categories: (0) nuclear materials, facilities, and equipment; (1) materials, chemicals, microorganisms, and toxins; (2) materials processing; (3) electronics; (4) computers; (5) telecommunications and information security; (6) sensors and lasers; (7) navigation and avionics; (8) marine; and (9) aerospace and propulsion systems.
The International Traffic in Arms Regulations, issued by the U.S. Department of State, Directorate of Defense Trade Controls and found at 22 CFR §§ 120-130, control munitions, defense articles, and defense services that are listed on the United States Munitions List (USML). Most of the items and services on the USML are specifically designed or produced for defense applications and do not have predominantly civil applications. The USML covers items such as energetic materials, propellants, and incendiary agents; military and space electronics; optical and guidance control equipment; toxicological agents; spacecraft systems; and classified articles, technical data and defense services not otherwise enumerated. Unless an exemption applies, a license must be obtained before any item on the USML is exported to a foreign country or to a foreign national or before the University can undertake any work that would be considered to be the furnishing of a defense service.
The U.S. Treasury Department’s Office of Foreign Assets Control administers and enforces sanctions that have been imposed against specific countries based on reasons of foreign policy, national security, or international agreements. Although the list of sanctioned countries changes on occasion, sanctions are currently in effect for the following countries: the Balkans, Belarus, Burundi, Central African Republic, the Democratic Republic of the Congo, Cuba, Iran, Iraq, Lebanon, Libya, Mali, Nicaragua, North Korea, Somalia, Sudan and Darfur, South Sudan, Syria, Ukraine-Russia (Crimea), Venezuela, Yemen, and Zimbabwe. The scope of the sanctions varies depending upon the country, but they generally prohibit anyone in the United States from engaging in transactions of value, including importing or exporting goods, services, or technology to or from a sanctioned country (including all people and entities located in that country) without first obtaining a license. In addition, travel to certain sanctioned countries (particularly Cuba, Iran, North Korea, and Syria) may require a license from OFAC.
Georgetown University’s Export Control Handbook for Researchers contains additional information regarding Export Controls.