Many items, equipment, and materials (collectively, “items”) are closely controlled under export regulations. In most cases foreign persons may interact with those items and no export license is needed. However, there are several situations where an export license may be required for a foreign person to access items, equipment, and/or materials on campus:
- The item is controlled under the ITAR, even when used to perform fundamental research;
- The item is controlled at a high level under the EAR, and one of the following is true:
- The item is produced in the course of restricted (i.e. not fundamental) research or proprietary service activity
- The foreign national is interacting with the item in a manner that meets all aspects of “use” as defined in the EAR, so as to gain the underlying control features of the item.
Faculty and staff who purchase and/or receive equipment, items, and materials should ensure that the export classification of such items is clearly known and documented. The best way to determine the classification is to ask the manufacturer. If the manufacturer cannot or will not provide this information the Export Office can help determine the level of control and any necessary controls required.