Export control laws and regulations affect many activities, including some that take place physically within the US and/or are not related to research. People often misapply, misinterpret, or misunderstand the word "export" as it is used in the law. Subsequently, they may ignore certain restrictions which can result in costly consequences. It is important to be familiar with terms and definitions used in such laws as they can differ from common vernacular or everyday understanding.
The AgCenter engages in research that may involve the development or use of products, goods, hardware, software or materials or technology that may be subject to U.S. export control laws and/or regulations. Employees who travel internationally for any reason with AgCenter equipment must be aware of the implications of export controls on their technology prior to travel. We are committed to full compliance with all applicable export control laws and regulations.
US export control laws and regulations are complex and include lists of critical controlled technologies, materials, devices, and related information, as well as lists of sanctioned persons, countries and entities, which are maintained by the US Department of Commerce Bureau of Industry and Security (EAR), the US Department of State Directorate of Defense Trade Controls (ITAR), and the US Department of the Treasury Office of Foreign Assets Control (OFAC).Export controls are the United States laws and regulations that regulate and restrict the release of critical technologies, software, equipment, chemical, biological materials and other materials, and services to foreign nationals and foreign countries. These regulations were created to advance foreign policy, protect national security, and prevent proliferation of weapons of mass destruction.
Export control laws apply to all activities – not just sponsored research projects.
Ensuring Personal Compliance with Export Control Laws and
Regulations is the Responsibility of Each Individual Faculty or Staff Member
In general, export control regulations apply to:
- the transfer or “export” of specified materials, information, items or technology outside the U.S.;
- the disclosure of certain information to certain foreign nationals inside the U.S. (“deemed exports”);
- the training or offering of services involving controlled equipment or information to foreign nationals;
- the design or production of items related to defense services; and
- transactions with certain foreign countries or individuals who are on embargo or restricted lists.
The LSU Principle of Openness in Research is an important element of compliance with US export control regulations. In many situations, the transfer of information that would otherwise be restricted by export controls will be exempted from regulation in the context of our research, as long as the research does not carry any restrictions on publication, disclosure or participation.
The resources listed below may assist you in ensuring compliance:
Some examples are:
- working remotely from an embargoed country
- serving on a dissertation committee at an institution in an embargoed country
- receiving payment from a specially designated national
- consulting with a PhD from an embargoed country
People regularly think of shipping when considering whether an item is exported. However, items can also be exported:
- Verbally
- Electronically
- Visually
- Auditorily
A release of export controlled technology, information, or source coded to a foreign national located within the US. Organizations can easily overlook the deemed export rule and the cost of a deemed export violation can be very high.
Per the EAR (15 CFR 734.8), fundamental research means "research in science, engineering, or mathematics, the results of which ordinarily are published and shared broadly with the scientific community, and for which the researchers have not accepted restrictions for proproetary or national security reasons."
Compliance with export control laws and regulations is mandatory and can pose serious consequences for all individuals involved, as well as the AgCenter. A "knowing and willing" condition is not the only way that a violation of these rules can occur, so it is essential to follow AgCenter guidance from IT, sponsored programs, and accounting services to achieve compliance.
