Export Administration Policy
Export Administration Policy
Purpose
The purpose of this Export Administration Policy is to affirm the University’s commitment to compliance with the Export Control Laws; to promote awareness of the Export Control Laws as they relate to University activities; to provide general guidance on the University’s obligations under the Export Control Laws; and to identify the resources available to assist University employees in meeting the objectives of this policy.
Scope
This policy applies to all University employees who intend to export U.S. commodities, technologies or technical data to a foreign country. This policy also applies to the sharing of technology or technical data with a foreign person, also known as a deemed export, whether it occurs inside the United States or abroad.
Policy History
I. Effective Date: October 2001
II. Approval: October 4, 2024
III. History:
- Approved in its original form: October 2001 (Titled: Memo 17 – Business Ethics and Integrity Policy)
- Approved as amended: January 8, 2015
- Approved as amended: November 7, 2022
- Approved as amended: October 4, 2024
IV. Maintenance of Policy: Export Administrator, University of Dayton Research Institute
Policy
The University of Dayton recognizes the importance of maintaining an effective and comprehensive export compliance program that can readily adapt to the changing demands of an evolving regulatory environment. The University has established the Export Administration Program to aid the University community in complying with current export regulations by providing export license determinations, education and awareness to employees, export control compliance risk assessments, maintenance of export records, and related services, as required.
The regulations enacted by the federal government in furtherance of these interests include the Export Administration Regulations (“EAR”), the International Traffic in Arms Regulations (“ITAR”), and the various embargo and sanction regimes administered by the Treasury Department’s Office of Foreign Assets Control (“OFAC”) (collectively, the “Export Control Laws”). The Department of Commerce enforces the EAR while the Department of State enforces the ITAR. Other agencies, such as the FBI, Department of Homeland Security, and U.S. Customs and Border Protection may be involved in the enforcement of export controls and the investigation of export violations.
An export occurs when an item (such as a commodity, technology, software, design plans, specifications, technical data, clothing or building materials) is sent from the United States to a foreign destination. Of particular importance in the university setting, the Export Control Laws apply not only to the physical export of technology overseas, but also to the deemed export of controlled technical information to foreign nationals within the United States. A release of technology or technical data to a foreign national in the U.S. is considered to be an export to that person’s country or countries of citizenship. This is called a deemed export in that it is “deemed” to be an export to that person’s country.
Any employee who intends to export U.S. commodities, technologies or technical data must contact Export Administration so that a proper export compliance determination can be made.
RESPONSIBILITY FOR ENFORCEMENT, REMEDIES, SANCTIONS
All University employees are responsible for complying with U.S. export requirements. Violations of export control laws and regulations can result in severe civil and/or criminal penalties to both the employee and the University, as well as any combination of other penalties and consequences, such as suspended or cancelled contracts, debarment, denial of export privileges, and loss of customer trust.
Reference Documents
Applicable Federal Regulations
- Department of Commerce Export Administration Regulations (EAR)
- Department of State International Traffic in Arms Regulations (ITAR)
- Department of Treasury, Office of Foreign Assets Control (OFAC)
- Export Administration Act of 2018, as amended
- International Emergency Economic Powers Act, as amended
- Arms Export Control Act, as amended