Export Administration Policy
Export Administration Policy
Purpose
The purpose of this policy is to ensure compliance with U.S. Federal export control laws and regulations.
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: November 7, 2022
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
IV. Maintenance of Policy: Export Administrator
Policy
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. 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.
The export, or deemed export, of U.S. commodities, technology or technical data is controlled by various federal laws and regulations and are enforced by a number of federal agencies.
The primary regulations of concern are the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). The Department of Commerce enforces the EAR while the Department of State enforces the ITAR. Other agencies, such as the FBI, Department of the Treasury, 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.
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.
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.