What are Export Controls?
Export Control refers to the regulations implemented by the United States government that control the export of physical items and information from the U.S. or to a foreign person within the United States. These regulations protect national security and foreign policy interests, prevent terrorism and the proliferation of weapons of mass destruction, and safeguard U.S. economic competitiveness. It governs how technology, technical data, technical assistance, and items or materials are physically or electronically exported, shipped, transmitted, transferred, or shared to foreign countries, persons, or entities. Export control regulations may impact research activities, including overseas shipping, information technology, international travel, laptops and software, attending DOD restricted conferences, hiring workers, disposal of controlled items and information, and more.
Export control compliance is essential for individuals and organizations engaging in activities involving technology and technical data with international connections. Non-compliance with export controls can result in severe monetary and criminal penalties against individuals as well as organizations, including fines, jail time, loss of export privileges, the loss of research contracts, and reputational damage. Therefore, it is crucial for individuals and organizations to be aware of the regulations and ensure that they follow the rules and regulations governing export controls.
Old Dominion University adheres to export controls through its Export Control Program, which is managed by the Office of Secure Research. The program is designed to ensure that ODU's research and academic activities comply with all applicable U.S. laws and regulations governing the export of goods, technology, and information.
ODU's program provides guidance and training to faculty, staff, and students involved in research or other activities that may be subject to export control regulations. The program works with researchers to identify potential export control issues early in the research process, to ensure that necessary licenses and approvals are obtained, and to develop appropriate safeguards to protect sensitive information. It also manages ODU's Technology Control Plan, which outlines specific procedures for safeguarding and controlling the access to export-controlled items and information.
ODU takes export control compliance very seriously and works closely with federal agencies to stay up to date on changes to export control regulations. The university conducts regular audits to ensure that procedures are still effective, and it encourages faculty, staff, and students to report any potential export control issues or violations. ODU's commitment to export control compliance helps to ensure that the university's research and academic activities can continue to contribute to the national and international community while maintaining national security and protecting U.S. economic interests.
Federal Agencies
The Office of Foreign Assets Control (OFAC) is a department of the U.S. Treasury responsible for implementing and enforcing economic and trade sanctions against foreign countries, entities, and individuals. These sanctions programs may prohibit or restrict exports, imports, financial transactions, and other types of business activities with sanctioned countries or individuals.
OFAC regulations prohibit the receipt of payments, donations, and other forms of support from individuals, entities, or countries targeted by sanctions. These regulations also impact the ability of universities to conduct research and academic activities involving sanctioned countries or entities, as they prohibit the provision of services or technical assistance related to these activities. As a result, universities must be diligent in their compliance efforts and regularly monitor and screen individuals and entities with whom they engage in research and other academic activities.
To ensure compliance with OFAC regulations, ODU must screening individuals and entities involved in research and academic activities against OFAC's Specially Designated Nationals (SDN) list and other restricted party lists. ODU must also conduct risk assessments and implement appropriate due diligence procedures when engaging in activities that involve sanctioned countries or entities. Non-compliance with OFAC regulations can result in significant fines, reputational damage, and legal liability, so ODU must take compliance seriously and make it a priority in all their international activities.
The International Traffic in Arms Regulations (ITAR) is a set of United States government regulations that control the export and import of defense-related articles, defense services, and technical data. The goal of ITAR is to regulate the export and import of these items to safeguard national security and further foreign policy objectives. The regulations apply to any company, organization, or individual who manufactures, exports, or brokers defense articles, defense services, or technical data. Violations of ITAR regulations can result in severe penalties, including large fines and imprisonment.
Universities that engage in research involving ITAR-controlled items, technical data, or defense services must adhere to ITAR regulations. ODU’s Export Control Program is responsible for developing and implementing policies and procedures that will prevent the unauthorized export or transfer of controlled items, technical data, or defense services. This includes reviewing research agreements, identifying ITAR-controlled items, and developing technology control plans to safeguard the technology and data. The program also provides training to university personnel who are involved in research activities, ensuring that they understand their responsibilities and the importance of complying with ITAR regulations.
ODU must also be mindful of the potential impact of ITAR regulations on international collaborations and partnerships. In many cases, foreign nationals are involved in university research activities, and this can trigger ITAR requirements. ODU must ensure appropriate procedures are being followed when working with foreign nationals and sharing technical data and defense services with them. This may involve obtaining licenses or authorizations from the US government before transferring or sharing controlled items, technical data, or defense services with foreign nationals.
The Export Administration Regulations (EAR) is a set of federal regulations that governs the export and re-export of certain items, including goods, technology, software, and technical data. The EAR is administered by the Bureau of Industry and Security (BIS) within the U.S. Department of Commerce. The EAR is designed to promote U.S. national security, foreign policy, and economic interests by controlling the export of sensitive items and technologies. The regulations set out specific rules and requirements for exporting items on the Commerce Control List (CCL) and restricts the export of items to certain countries and entities.
To adhere to EAR policies and guidelines, ODU has established an Export Control Program under the Office of Secure Research. The program is responsible for overseeing and managing the export of controlled items and technologies from the University. It ensures that all export activities are compliant with EAR regulations, and assists faculty, staff, and students in understanding the export control requirements for their research projects. It provides training, guidance, and support to researchers in identifying controlled items and technologies and helps to obtain necessary export licenses when required.
The Export Control Program also works with the University’s Office Research to review all sponsored research proposals and agreements to identify any export control issues. The program conducts regular assessments of the University’s export control processes and procedures and works closely with faculty and staff to maintain compliance with EAR regulations. In addition, provides guidance on international shipping, foreign travel, and foreign visitors, and manages the technology control plan process to ensure that export-controlled items and technologies are protected and used appropriately.
The Office of Foreign Assets Control (OFAC) is a department of the U.S. Treasury responsible for implementing and enforcing economic and trade sanctions against foreign countries, entities, and individuals. These sanctions programs may prohibit or restrict exports, imports, financial transactions, and other types of business activities with sanctioned countries or individuals.
OFAC regulations prohibit the receipt of payments, donations, and other forms of support from individuals, entities, or countries targeted by sanctions. These regulations also impact the ability of universities to conduct research and academic activities involving sanctioned countries or entities, as they prohibit the provision of services or technical assistance related to these activities. As a result, universities must be diligent in their compliance efforts and regularly monitor and screen individuals and entities with whom they engage in research and other academic activities.
To ensure compliance with OFAC regulations, ODU must screening individuals and entities involved in research and academic activities against OFAC's Specially Designated Nationals (SDN) list and other restricted party lists. ODU must also conduct risk assessments and implement appropriate due diligence procedures when engaging in activities that involve sanctioned countries or entities. Non-compliance with OFAC regulations can result in significant fines, reputational damage, and legal liability, so ODU must take compliance seriously and make it a priority in all their international activities.
The International Traffic in Arms Regulations (ITAR) is a set of United States government regulations that control the export and import of defense-related articles, defense services, and technical data. The goal of ITAR is to regulate the export and import of these items to safeguard national security and further foreign policy objectives. The regulations apply to any company, organization, or individual who manufactures, exports, or brokers defense articles, defense services, or technical data. Violations of ITAR regulations can result in severe penalties, including large fines and imprisonment.
Universities that engage in research involving ITAR-controlled items, technical data, or defense services must adhere to ITAR regulations. ODU’s Export Control Program is responsible for developing and implementing policies and procedures that will prevent the unauthorized export or transfer of controlled items, technical data, or defense services. This includes reviewing research agreements, identifying ITAR-controlled items, and developing technology control plans to safeguard the technology and data. The program also provides training to university personnel who are involved in research activities, ensuring that they understand their responsibilities and the importance of complying with ITAR regulations.
ODU must also be mindful of the potential impact of ITAR regulations on international collaborations and partnerships. In many cases, foreign nationals are involved in university research activities, and this can trigger ITAR requirements. ODU must ensure appropriate procedures are being followed when working with foreign nationals and sharing technical data and defense services with them. This may involve obtaining licenses or authorizations from the US government before transferring or sharing controlled items, technical data, or defense services with foreign nationals.
The Export Administration Regulations (EAR) is a set of federal regulations that governs the export and re-export of certain items, including goods, technology, software, and technical data. The EAR is administered by the Bureau of Industry and Security (BIS) within the U.S. Department of Commerce. The EAR is designed to promote U.S. national security, foreign policy, and economic interests by controlling the export of sensitive items and technologies. The regulations set out specific rules and requirements for exporting items on the Commerce Control List (CCL) and restricts the export of items to certain countries and entities.
To adhere to EAR policies and guidelines, ODU has established an Export Control Program under the Office of Secure Research. The program is responsible for overseeing and managing the export of controlled items and technologies from the University. It ensures that all export activities are compliant with EAR regulations, and assists faculty, staff, and students in understanding the export control requirements for their research projects. It provides training, guidance, and support to researchers in identifying controlled items and technologies and helps to obtain necessary export licenses when required.
The Export Control Program also works with the University’s Office Research to review all sponsored research proposals and agreements to identify any export control issues. The program conducts regular assessments of the University’s export control processes and procedures and works closely with faculty and staff to maintain compliance with EAR regulations. In addition, provides guidance on international shipping, foreign travel, and foreign visitors, and manages the technology control plan process to ensure that export-controlled items and technologies are protected and used appropriately.