Two primary sets of regulations govern the export of controlled technologies: the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR).
The ITAR, which are administered and enforced by Department of State through its Directorate of Defense Trade Controls (DDTC), regulate the export of military, space, and satellite technologies.
The EAR, which are administered and enforced by the Department of Commerce through its Bureau of Industry and Security (BIS), regulate the export of “dual-use” technologies. Dual-use technologies have both civilian and military applications, and they are the most commonly controlled items on campus. The potential military application is frequently not obvious.
In addition, the U.S. Department of the Treasury, through its Office of Foreign Assets Control (OFAC), enforces U.S. embargo and sanction regimes that may restrict transactions with individuals and entities (including universities) in certain foreign countries irrespective of whether the exported technology is controlled under the ITAR or the EAR.
| Agency | Office | Regulations | Mechanism | Jurisdiction |
|---|---|---|---|---|
| US Department of Commerce | Bureau of Industry and Security (BIS) | Export Administration Regulations (EAR) | Commerce Control List (CCL) | Dual-use technologies having both military and civilian applications |
| US Department of State | Directorate of Defense Trade Controls | International Traffic in Arms Regulation (ITAR) | U.S. Munitions List | Military technologies, and “defense services” |
| US Department of the Treasury | Office of Foreign Assets Control (OFAC) | Sanctions and Embargoes | Embargoed Countries, OFAC Sanctions, Specially Designated Nationals lists (also see Consolidated Screening List) | Trade sanctions, embargoes, restricted parties, terrorism, and anti-narcotics |
Please contact the Export Control Manager for a consultation to determine agency jurisdictions over any potential export control issues that you may have.