Export Administration Regulations
The U.S. Export Administration Regulations ("EAR") of the Department of Commerce covers "dual use" equipment, materials, and other technologies with both commercial and military application or that are controlled for other reasons of national policy. The controlled items are found in lists published by the U.S. Government, known respectively as the United States Munitions List and the Commerce Control List (see lists here).
In addition, OFAC's economic sanction regimes may encompass trade embargoes, travel restrictions and/or blocking assets of and restricting transactions with designated persons or foreign governments, or within certain countries.
Depending on the nature of the technology, a license from the U.S. Departments of State, Commerce or Treasury may be required before such activities as:
- Physically transporting a controlled instrument outside the U.S.
- Sharing technical data or technology about a controlled item with a non-U.S. person (even in the U.S.)
- Electronically submitting controlled technical data or technology (as defined in the regulations) outside the U.S. via email or uploading software code onto a public website.
- Training non-U.S. persons on controlled items or technology.
- Activity in a sanctioned country, including in particular, Cuba, Syria, Sudan (North), North Korea and Iran.
Export regulations apply whether or not the research is funded by a federal or non-federal grant, contract, or other agreement, and whether or not the EAR or ITAR is cited in the award document.
More information about the EAR and the ITAR follow below. For more information about OFAC sanctions, click here.
EAR Commerce Control List
- Category 0
Nuclear Materials, Facilities & Equipment
(and Miscellaneous Items)
- Category 1
Materials, Chemicals, Microorganisms, and Toxins
- Category 2
- Category 3
Electronics Design, Development and Production
- Category 4
- Category 5
Part 1: Telecommunications
Part 2: Information Security
- Category 6
Sensors and Lasers
- Category 7
Navigation and Avionics
- Category 8
- Category 9
Propulsion Systems, Space Vehicles and Related Equipment