Export control regulations are federal laws that prohibit the unlicensed export of certain commodities or information for reasons of national security or protections of trade. Export controls usually arise for one or more of the following reasons:
- The nature of the export has actual or potential military applications or economic protection issues
- Government concerns about the destination country, organization, or individual, and
- Government concerns about the declared or suspected end use or the end user of the export
Most exports do not require government licenses. However, licenses are required for exports that the U. S. government considers "license controlled" under three particular agencies:
- The Department of Commerce's Export Administration Regulations (EAR) (also known as the Commerce Control List). The EAR is concerned with dual-use items, such as computers or pathogens, that are designed for commercial use but have the potential for military application'
- The Department of State's International Traffic in Arms Regulations (ITAR) U.S. Munitions List) covers defense-related items and services.
- In addition, the Treasury Department's Office of Foreign Assets Control (OFAC) administers and enforces economic and trade sanctions that have been imposed against specific countries based on reasons of foreign policy, national security, or international agreements. Full descriptions of all countries currently subject to boycott programs are available (link).
The Research Office subscribes to a searchable database to assist OSU in meeting requirements of these export control regulations. Staff are available in Sponsored Programs (firstname.lastname@example.org) to assist faculty and staff on export control issues related to sponsored agreements. In addition, staff in the Office for Commercialization and Corporate Development are available to assist faculty and staff on export control issues related to intellectual property and material transfer agreements.
Fundamental Research and its Relationship to Export Controls
Fundamental research is defined in National Security Decision Directive 189 as “Fundamental research’ means basic and applied research in science and engineering, the results of which ordinarily are published and shared broadly within the scientific community, as distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary or national security reasons.” OSU research will not be considered fundamental research if:
- The University or its researchers accept other restrictions on the 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.
A copy of this National Security Decision Directive
An article from the National Associate of College and University Attorneys on international travel