Export Controls
The UTRGV's policy is to fully comply with all applicable laws, regulations and contractual requirements related to export controls. This includes, but not limited to the Export Administration Regulations (EAR) administered by the Department of Commerce, the International Traffic in Arms Regulations (ITAR), administered by the Department of State and the Office of Foreign Assets Control (OFAC) administered by the Department of Treasury. The successful implementation of the university policy requires compliance by each member of the university community.
Export laws specifically regulate the distribution of strategically important technology, services and information to foreign nationals and foreign countries to protect national security, foreign policy, and national economic goals. These laws apply to sponsored research projects, international shipping and international collaborations.
What is an export?
- Any transfer or transmission via oral, written, electronic or visual disclosure and shipment of controlled commodities, technology (information, technical data, or assistance) or software/codes outside the United States to anyone, including U.S. citizens.
- Any transfer or transmission via oral, written, electronic or visual disclosure, to any person or entity of a controlled commodities, technology or software/codes with the intention to transfer it to a non-U.S. entity or individual, regardless of where they are located including a foreign student, a visiting scholar, or other colleagues at UTRGV.
- Any transfer of these items or information to a foreign embassy or affiliate also constitutes export.
An export license will be required before export-controlled items or information can be shared abroad or on campus, with foreign nationals who may be participating or collaborating on restricted research projects. For example, the following activities may be restricted:
- Foreign scholars and students to participate in research at UTRGV, that is restricted by export-control regulation;
- Any disclosure or discussion by the UTRGV researchers of previously unpublished research at conferences and meetings where foreign nationals are in attendance;
- UTRGV researchers are also restricted to engage in collaborations with foreign researchers, including teaching foreign collaborators on how to use export-controlled items in research; and
- The transfer of research equipment abroad is also restricted.
In general, most of the research conducted at universities is not subject to export controls, either because the research does not involve export-controlled items or data, or because research involving such items or data is excluded from these regulations.
Typically there are two exclusions that are relevant to the research conducted at universities: the fundamental research and the public domain exclusions. However; these exclusions will not apply, if researchers sign agreements such as material transfer and non-disclosure agreements that contain restrictions on publications or who can participate in the research. UTRGV researchers/faculty should not sign any agreements that relate to export controls, or that contain any language that imposes restrictions on publications or who can participate in the research without first consulting with the Office of Research and/or the Office of Research Compliance.
It is essential that we are careful while negotiating and accepting research projects that may be subject to restrictions under export controls. UTRGV reserves the right to decline or terminate the agreement if the sponsor imposes restrictions that are considered unreasonable as they relate to the publication of data and access to, or the participation, in the research by foreign nationals. Any agreement which requires that the technical data resulting from the project shall be subject to export control and/or it requires sponsor approval related to the hiring of foreign nationals, it must be evaluated on a case by case basis by UTRGV.
Export Controls Manual
INTERNATIONAL TRAVEL
All travel to a foreign country requires a review by Export Control. In most cases, one of the two licensing exceptions found below will suffice.
TMP License Exception:
If a Department of Commerce license is required, this form should be used in lieu of a license if the traveler is taking UTRGV owned equipment, such as a laptop. This exception is not applicable for anything ITAR controlled (a license from State Department would be required). Instructions are found on the form.
BAG License Exception:
If a Department of Commerce license is required, this form should be used in lieu of a license if the traveler is taking personally owned equipment, such as a laptop. This exception is not applicable for anything ITAR controlled (a license from State Department would be required). Instructions are found on the form.
Travel to Iran, North Korea, Cuba, Sudan, and Syria is restricted by comprehensive sanctions. Most travel to Iran will require an OFAC license and approval can take at least 9 months. Additional licensing requirements from Commerce may also affect travel to Iran. Travel to Cuba, North Korea, Sudan, and Syria may require a license from Commerce Department or OFAC., or both. Export Control recommends planning travel to these countries well in advance of the travel date to account for the time required to apply for and receive a license.
When traveling into a foreign country, if the Foreign Country is on a Travel Warning as per the U.S. Department of State, additional approval by the International Oversight Committee (IOC) will be required.
International Travel Laptop Loan
DescriptionThe International Laptop Loan Service offers laptops to employees traveling abroad on official University business to a high-risk country.
PurposeThis service is intended to ensure export control compliance and minimize possible security risks associated with international travel and computer use, while still allowing users access to research data, applications, and software during their travel.
PLEASE NOTE: For important information on UTRGV's International Travel Laptop Loan program, including detailed instructions on how to submit a request, please visit https://www.utrgv.edu/it/services/international-travel-laptop-loan/index.htm
Regulations and Agencies Responsible for Export Controls
Federal export controls are enforced under the Export Administration Regulations (EAR) and administered by the Department of Commerce for technologies and information that have dual use such as commercial and potential military use, and the International Traffic in Arms Regulations (ITAR) by the Department of State for military items and defense services. While the Treasury Department's Office of Foreign Assets Control (OFAC) administers and enforces economic and trade sanctions to protect foreign policy and national security goals.
The export control regulations frequently encountered by the academic research community include the following:
- Export Administration Regulations (EAR)
- The International Traffic in Arms Regulations (ITAR)
- The Office of Foreign Assets Control (OFAC)
Export Controls Training on Blackboard Instructions
- Go to my.utrgv.edu
- Sign in with your UTRGV account
- Choose Blackboard
- Under Section Named Organization Search type in the word export.
- Under Column for Organization ID you should see the training in blue (ExportControl).
- Put the cursor over the words exportcontrol and you will see a down arrow (v).
- Click on the down arrow and a box should pop up with the word Enroll.
- Click on the word Enroll in order to enroll in the training.
- When the screen shows you are enrolled in the training, then click on the Submit button on the right side of the page.
- The Self Enrollment screen should pop up. Click the OK button on the right side of the page.
- Click on the button on the top right that states MyCourses which will take you to the Blackboard home page.
- Under the Section Named Trainings and Organizations you should see the training Export Control.
- Click on training to start.
- Follow directions of the training.
- Acknowledge the training when you are done.