Frequently Asked Questions
is Export Control?
traditional export is the “transfer” of goods to individuals and organizations
outside of the US. Exports, however,
also include transfers of technology and technological information from a U.S.
person to a Foreign National through verbal communications (in person or over
the phone); electronic communications, through the exchange of written
documents (ex. in person, over e-mail, or by mail);
and transfer of computer software. Theses transfer can happen either within the
United Stated or abroad.
not all technology transfers are controlled by the United States government.
The initial determination of whether a technology is controlled is critical in
determining whether the activity requires a license. The primary regulatory
resources for export control are the Export Administration Regulations (EAR)
and International Traffic in Arms regulations (ITAR). If any controlled information, technology, software, or equipment will be
transferred to another party overseas or to a foreign party in the United
States, a license must be obtained prior to the transfer unless a valid
licensing exception or exclusion applies. The Office of Research Integrity can
provide assistance in determining if an activity requires a license and assist
in the application process, if necessary.
is a “deemed export”?
export is the transfer of controlled technology or source code to a foreign
national within the United States.
Who are foreign nationals?
national is someone who is not a U.S. citizen, is not a green card holder, and has
not been granted asylum. Students with a J-1 visa are foreign nationals.
What is technology?
is specific information necessary for the “development,” "production,"
or "use" of a product.
In order for technology
or source code knowledge to meet the definition of “use” under the EAR the
technical knowledge must enable the user to operate, install (including on-site
installation), maintenance, repair, overhaul and refurbishing. Generally,
if the technology does not enable improvement of equipment design (i.e.,
“development” technology) or replication of the item (i.e., “production”
technology) then the information then it unlikely to be controlled.
How do export controls relate to equipment in my lab?
your department, regardless of citizenship, can operate lab equipment without
triggering export controls. However, if the equipment is taken out of the lab
and is in full possession by foreign national then an export has occurred and
export controls are triggered. Export controls are also triggered if a foreign
national is not only operating equipment, but, also, engaging in activities
related to installation (including on-site installation), maintenance
(checking), repair, overhaul and refurbishing of the equipment. Please see the
following checklist for additional guidance.
Control and Lab Equipment Checklist:
the technology you are using in your research publicly available?
the technology been patented or published?
you publish the technology developed during your research?
no to any of the above, please contact the export control officer.
any international students or faculty have access to lab equipment that is not
publicly available? If
yes, please contact the export control officer.
the technology you are developing have the capacity to be used for destructive
purposes? If yes, please contact the export control officer.
does BSU’s contract with sponsor relate to export controls?
that are not classified, do not have military application, do not limit
participation by foreign nationals, or include publication restrictions do not
trigger export controls. Publication restrictions may be the most common
trigger for export controls. Publication restrictions can exist in a number of
different forms. These restrictions
typically will include language limiting foreign national access to proprietary
information, requiring certain approvals from the sponsor before publication is
allowed, or requiring researchers to postpone publication of the research that
is being funded.
technologies are covered under the EAR and ITAR?
The EAR covers the
* Nuclear Materials, Facilities, and Equipment
* Chemicals, Microorganisms, and Toxins
* Materials Processing
* Electronics Design, Development, and Production
* Information Security and Encryption
* Sensors and Lasers
* Navigation and Avionics
* Aerospace and Propulsion
The ITAR covers the
* Firearms, Close Assault Weapons, and Combat Shotguns
* Guns and Armament
* Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs, and Mines
* Explosives and Energetic Materials, Propellants, Incendiary Agents, and Their Constituents
* Surface Vessels of War and Special Naval Equipment
* Ground Vehicles
* Aircraft and Related Articles
* Military Training Equipment and Training
* Personal Protective Equipment
* Military Electronics
* Fire Control, Range Finder, Optical and Guidance and Control Equipment
* Materials and Miscellaneous Articles