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Export Control General Information

U.S. Export Controls and Responsible Agencies 

Agencies Governing Departments Covers
ITAR State Military items; space-related technology & research
EAR Commerce Dual-use goods, technology & software
OFAC Treasury Trade prohibitions with sanctioned countries/entities, travel, transport of equipment, and shipping

State Department — International Traffic in Arms Regulations (ITAR )

Military items (munitions and defense articles) and services as identified on the U.S. Munitions List (USML) and designated in the Directorate of Defense Trade Controls

Embargoed Countries Chart

Commerce Department — Export Administration Regulations (EAR) 

Duel-use Technologies-Commodity Control List (CCL) establishes Export Classification Control Number (ECCN) on categories of different technologies covering equipment, test, materials, software and technology (including information, technical data and technical assistance); Country List (country vs. category reason for control); Denied Persons ListEntities List; and the Unverified List.

Treasury Department — Office of Foreign Asset Control (OFAC) 

Prohibits transactions with countries subject to boycotts, trade sanctions, embargos such as Libya, North Korea, Syria (this list updated daily). Administers embargos; travel restrictions; and prohibits payments or providing “vale” to nationals of sanctioned country or specified entities/person. Embargoed countries are designated by OFAC in addition to Specially Designated Nationals listing. 

Export Control Violation Penalties*

Agency          Entities   Individuals Additional Penalties
ITAR Criminal

Civil

Up to $1 M

Up to $500K

Up to $1M and/or 10 years in prisonUp to $500K Denial of export privileges and/or seizure/forfeiture of goods; SUSPENSION AND/OR DEBARMENT FROM GOVERNMENT CONTRACTING**
EAR Criminal

 

Civil

Up to $1M or five times the value of the exportFrom $10K to $120K Up to $250K and/or 10 years in prisonFrom $10K to $100K Denial of export privileges and/or seizure/forfeiture of goods and/or exclusion from practice; SUSPENSION AND/OR DEBARMENT FROM GOVERNMENT CONTRACTING**
OFAC Criminal

Civil

Up to $1M

Up to $55K

Up to $1M and/or 20 years in prisonUp to $55K Seizure/forfeiture of goods and/or denial of export privileges.**

*Penalties are per EACH violation
** For additional information on Violation Penalties and the items subject to penalties click here.

Implications of Export Control Laws

The majority of university research is not affected but there is potential impact on:

  • Ability of foreign students to participate in research involving a controlled technology (mostly under ITAR)
  • Ability to provide services (including training in the use of controlled equipment) to foreign nationals(ITAREAR, and OFAC)

Export Control Exclusions

Fundamental Research (ITAREAR) — Information must be result of basic and applied research conducted at an accredited institution of higher education located in the U.S. and published and generally available or accessible to the public (publications restrictions eliminate this exemption).

Employment (ITAR) — Bona Fide Employee Exemption — Full-time regular university employee who has a permanent address in the U.S., is not a national from an ITAR embargoed country, and has been advised in writing not to share controlled information to other foreign persons (exemption does not include graduate students). 

Education (ITAREAR) — Must be information concerning general scientific, mathematical or engineering principles commonly taught in universities or information in the public domain.