I. OBJECTIVE & PURPOSE
U.S. export control laws and regulations govern how certain commodities, information, technical data, technology, technical assistance, and research can be released to U.S. persons outside the U.S. and to foreign persons whether located in the U.S. or outside of the U.S. This policy is established to ensure full compliance with U.S. export control laws and regulations.
II. STATEMENT OF POLICY
It is the policy of UNF to comply fully with all applicable U.S. export control laws and regulations, including, but not limited to, the Arms Export Control Act (“AECA”), 22 U.S.C. §§ 2778-2994; the International Traffic in Arms Regulations (“ITAR”), 22 C.F.R. parts 120-130; the International Emergency Economic Powers Act (“IEEPA”), 50 U.S.C. §§ 1701-1706; the Export Administration Regulations (“EAR”), 15 C.F.R. parts 730-774; and Office of Foreign Assets Control regulations. Such laws and regulations include but are not limited to:
- Restrictions on transfers of controlled technical data, technology, software and services to foreign nationals wherever located (including foreign national employees in the U.S.)
- Restrictions on the employment of foreign nationals and on visits by foreign nationals to the University
- Restrictions on exports and re-exports of certain hardware and equipment
- Restrictions on attendance at, or submission of papers to, foreign scientific conferences and journals and on travel to a foreign country
- Economic sanctions and embargoes against certain countries, terrorist/terrorism-sponsoring organizations, entities involved in the proliferation of weapons of mass destruction, international narcotics traffickers and “Specially Designated Nationals.”
- Prohibitions on participation in foreign boycotts that the United States does not authorize.
Absent extraordinary circumstances, university teaching, scholarship/research, and service will be conducted openly and without restriction on participation or publication. This openness of participation and publication results in no issues of export control regulation being raised, which is commonly referred to as the “Fundamental Research” exemption.
However, certain federal regulations require the University to obtain permission before allowing foreign nationals to participate in research involving certain technologies or before sharing information with persons who are not citizens of the U.S. or permanent resident aliens. Additionally, even with the Fundamental Research exemption, if a university activity involves an export or deemed export, the University must document that an export control review was performed before the export or release of information takes place. The Fundamental Research exemption also does not protect the export of equipment or certain types of software.
International travel is also subject to review for purposes of export control compliance. If information beyond that submitted with the on-line travel authorization request is needed to ensure compliance, the University’s Export Compliance Officer will contact the traveler to obtain the necessary information. In no case, shall approval for international travel be granted unless the Export Control Officer has confirmed that all export control issues have been addressed.
The University’s Export Compliance Officers are responsible for ensuring implementation of this policy and related guidelines and serve as the primary contacts on export control matters.
III. STATEMENT OF PROCEDURE
The Export Compliance Manual establishes the guidelines for complying with this policy.