Export Controls Travel Briefing

Overview

Following the submission of a travel authorization request for international travel, the Office of Research Compliance will send the traveler the Restricted Party List for the stated destination(s).  In the event that a company, entity, or person on this list appears to match a party potentially involved in your travels, additional due diligence should be conducted before proceeding.  There may be a strict export prohibition, requirement for seeking a license application, evaluation of the end-use or user to ensure it does not result in an activity prohibited by any U.S. export regulations, or other restrictions. Please contact export_controls@ncsu.edu if an entity you intend to collaborate with is listed.

Before departure, you should familiarize yourself with U.S. Export Control laws and regulations.  These are federal laws restricting the transfer of goods and technology to and the performance of services for persons and entities outside the United States. Please see the attached for essential export control information. Because you, as an individual, and NC State can be held legally liable for improperly transferring controlled items or technology, it is important that you review the federal requirements.

Most travel for scientific conferences will fall under an exclusion to the export control regulations:  information that is published and is generally accessible to the interested public through publication in books or periodicals available in a public library or in bookstores, or information that is presented at a conference, meeting, seminar, trade show or other open gathering is considered to be in the public domain.  An open gathering is one in which members of the general public are eligible to attend and attendees are permitted to take notes. It is also important to be sure that information presented at conferences, etc., does not divulge information subject to export control regulations. When contracts require public release authorization or coordination, requests for authorization and/or coordination shall be submitted prior to the release of a publication/presentation.

Please contact export_controls@ncsu.edu before you plan to travel to the Crimea Region of Ukraine, Cuba, Iran, North Korea, Syria as licensing requirements will apply.

Information that is considered Public Domain may not be subject to Export Controls or the International Traffic and Arms Regulations. However, individual investigators are responsible to consult the Export Regulations, the Military Critical Technologies list and the International Traffic and Arms Regulations prior to foreign disclosure of information outside of the scope of the following definition.

Information that is published and which is generally accessible or available to the public:
  • Through sales at newsstands and bookstores;
  • Through subscriptions which are available without restriction to any individual who desires to obtain or purchase the published information;
  • Through second class mailing privileges granted by the U.S. Government; or
  • At libraries open to the public or from which the public can obtain documents;
  • Through patents available at any patent office;
  • Through unlimited distribution at a conference, meeting, seminar, trade show or exhibition, generally accessible to the public in the U.S.;
  • Through public release (i.e., unlimited distribution) in any form (e.g., not necessarily in published form) after approval by the cognizant U.S. Government department or agency;
  • Through fundamental research in science and engineering at accredited institutions of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly within the scientific community. Fundamental research is defined to mean basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. Government access and dissemination controls. University research will not be considered fundamental research if:
    • The University or its researchers accept other restrictions on publication of scientific and technical information resulting from the project or activity, or
    • The research is funded by the U.S. Government and specific access and dissemination controls protecting information resulting from the research are applicable. ITAR (22 CFR 120-130 (reference c).

Technology Collection Trends and other Export Issues

The U.S. Department of Commerce (DoC) regulates certain dual-use technologies by the Export Administration Regulations (EAR) and the U.S. Department of State controls the export of defense articles; defense services and defense related technical data through the International Traffic in Arms Regulation (ITAR). Each employee is personally responsible for safeguarding sensitive and export-controlled data and information from disclosure to foreign persons without prior approval. A license from the U.S. government is required before a foreign national has access to hardware or technology controlled by either the U.S. Department of Commerce or the U.S. Department of State.

The following may be of interest to you if you are concerned about technologies which are controlled by EAR and ITAR:

This information is provided as a service only to supplement your personal obligations of compliance with export regulations.

Temporary Export Exception

Items that you personally own and are for your personal use may be exported without a license under the Baggage exception to the Export Administration Regulations. University-owned items you will be using for university business may be exported under the Temporary Export exception. This exception has specific requirements.

If you have any questions, please contact Kristin Bloomquist by email at export_controls@ncsu.edu or by phone at 919.515.9336.