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Export Control Dos and Don’ts

Do publish early and often to ensure all technical data about export controlled commodities qualifies as “publicly available.”

Do return to the manufacturer any materials they provide to you about export-controlled equipment that are marked “Confidential” unless they are covered by a specific non-disclosure agreement.

Do not ship any item outside the U.S. without first determining if the item is controlled under ITAR and EAR. 

Do not accept publication restrictions or access/dissemination restrictions.

Do not accept prior approval requests for use of foreign nationals.

Do not enter into secrecy agreements or otherwise agree to withhold results in research projects conducted at the university or that involve university facilities, students or staff.

Do not accept proprietary information marked “Export Controlled.”

Do not provide citizenship, nationality or visa status information for project staff to parties outside the University or include such information in proposals. It is contrary to university policy to discriminate on this basis or to select research project staff on any basis other than merit. 

Do not agree to background checks or other arrangements where the external sponsor screens, clears or otherwise approves project staff. University policy allows for background screening conducted by the university when appropriate to the position. 

Do not attend meetings foreign nationals are prohibited from attending.

Do not sign the DD2345, Militarily Critical Technical Data Agreement, as a condition of attending a conference or receiving materials from the government.

Also be careful with…

  • Grant/Contract Terms and Conditions limiting access to or dissemination of research results.
  • Third-Party items, information or software to which foreign national access is restricted
  • Licensing Agreements
  • NDAs/Confidentiality Agreements
  • Material Transfer Agreements
  • Tangible Exports
  • Research samples, shared equipment, 3rd party proprietary items
  • Look for Availability of License Exceptions (EAR) and Exemptions (ITAR)
  • Sharing/Shipping Encryption Source Code Abroad
  • Notification/Review requirements may apply
  • Travel To/Transactions with OFAC Sanctioned Countries
  • ANY item, Information, or Software that is:
    1. Designed or modified for a military use
    2. For use in outer space
    3. Suspected use in/for a weapon of mass destruction (nuclear, chemical, biological, missiles)
  • Restrictions of publication
  • Collaborating with foreign colleagues in foreign countries
  • Travel outside the U.S.
  • “Side Deals”
  • Providing service or new information materials to/from boycotted countries
  • Foreign nationals in the U.S.
  • Payments to certain countries