When to Consult with the Export Control Officer

Why Export Controls?

• Export regulations provide a comprehensive framework for maintaining healthy tension between the promotion of U.S. academic interests, commercial interests, and the prioritization of national security.
• They encourage strategic U.S. economic development, while keeping potentially destructive technologies out of the hands of flagged parties.

• Consequences for violating Export Controls laws and regulations are severe. It is a liability not only for the University, but also for its faculty, foreign students, and staff to assess the risk, mitigate, and apply for the appropriate export authorizations. For this reason, the University of Arkansas Fayetteville has a dedicated Export Control Officer (ECO).

While export control regulations provide exclusions for "educational information" released in catalog courses and associated teaching labs and “fundamental research" ordinarily published and shared broadly in the scientific community without publication or participation restrictions, both externally and internally funded research may be subject to export control regulations. Investigators should not assume that unsponsored research is exempt from export control regulations.

The following flags should trigger follow-up with Research Integrity and Compliance (RSIC) for additional guidance:

• Contractual inclusion of publication restrictions, participation restrictions or language referencing exports controls, the EAR, the ITAR, or military/defense articles.
• Restrictions based on nationality such as U.S. Citizen only or U.S. Persons only.
• Receipt of regulated technical information or data from another party.
• International collaborations, sponsors, field work or consulting.
• International travel with or international shipment of equipment, prototypes, samples, specimens, software or regulated information.
• International financial transactions.
• Hosting foreign national visitors & delegations.
• Any activity involving embargoed and/or highly sanctioned countries. Review our Embargoed and Sanctioned Countries webpage for more information.

Deemed Exports (EAR 734.2(B)(2)(II) and ITAR 120.17) is technology released to foreign persons in the US. This is different from technology shipped from the U.S. to another country. Please see the Federal Government definition of "Deemed Exports" and watch a short video to learn more.