The Export Administration Regulations, issued by the U.S. Department of Commerce and located in 15 CFR §§ 730-774, govern “dual use” technologies and products that have both military and civilian uses. Goods and services controlled under the EAR are listed on the Commerce Control List (“CCL”) and are divided into ten categories: (0) nuclear materials, facilities, and equipment; (1) materials, chemicals, microorganisms, and toxins; (2) materials processing; (3) electronics; (4) computers; (5) telecommunications and information security; (6) sensors and lasers; (7) navigation and avionics; (8) marine; and (9) propulsion systems, space vehicles and related equipment.
International Trafficking in Arms (“ITAR”)
The International Traffic in Arms Regulations, issued by the U.S. Department of State, Directorate of Defense Trade Controls and found at 22 CFR §§ 120-130, control munitions, defense articles, and defense services that are listed on the United States Munitions List (“USML”). Most of the items and services on the USML are specifically designed or produced for defense applications and do not have predominantly civil applications. The USML covers items such as firearms; ammunition; launch vehicles, missiles, rockets, torpedoes, bombs and mines; explosives, energetic materials, propellants, and incendiary agents; vessels of war; tanks and military vehicles; aircraft; military training equipment; protective personnel equipment; military and space electronics; fire control, range finder, optical and guidance control equipment; toxicological agents; spacecraft systems; nuclear weapons design and test equipment; directed energy weapons; submersible vessels; and classified articles, technical data and defense services not otherwise enumerated. Unless an exemption applies, a license must be obtained before any item on the USML is exported to a foreign country or to a foreign national or before the University can undertake any work that would be considered to be the furnishing of a defense service.
Office of Foreign Assets Controls (“OFAC”) Sanctions Programs
The U.S. Treasury Department’s Office of Foreign Asset Controls administers and enforces sanctions that have been imposed against specific countries based on reasons of foreign policy, national security, or international agreements. Although the list of sanctioned countries changes on occasion, sanctions are currently in effect for the following countries: the Balkans, Belarus, Burma, Cote d’Ivorie (Ivory Coast), the Democratic Republic of the Congo, Cuba, Iran, Iraq, Liberia, North Korea, Sudan, Syria, and Zimbabwe. The scope of the sanctions varies depending upon the country, but they generally prohibit anyone in the United States from importing or exporting goods, services, or technology to or from a sanctioned country (including all people and entities located in that country) without first obtaining a license. In addition, travel to certain sanctioned countries (particularly Cuba and Iran) may require a license from OFAC.
Prior to issuing any Independent Contractor (consulting), Purchased Service or Subaward Agreements, pursuant to the OFAC regulations, the Office of Research Services (ORS) verifies that the individuals and contractors are not listed on certain U.S. Government watch lists.
Georgetown University’s Export Control Handbook for Researchers contains additional information regarding Export Controls.