Export Control Overview
Export control laws are federal regulations that govern how certain information, technologies, and commodities can be transmitted overseas to anyone (including U.S. citizens), or to foreign nationals on U.S. soil. TTUHSC and its employees are required to comply with applicable export control laws and regulations.
This site will provide information about export control regulations and how they affect research at TTUHSC - such as international travel, foreign nationals on research projects, and shipping or taking items (laptops and software) outside the U.S.
Export Certification Request Form: Foreign National Employee (H-1B, H-1B1, Chili/Singapore, and 0-1A) Petitions click here.
The following article is regarding Export Controls and a faculty member at the University of Tennessee - click here.
Any questions regarding export control at TTUHSC can be addressed to Chadley Copeland, Research Compliance Officer at 806-743-4752.
Export control regulations 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 projection 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
An export is any oral, written, electronic or visual disclosure, shipment, transfer or transmission of commodities, technology, information, technical data, assistance or software codes to:
- anyone outside the U.S. including a U.S. citizen
- a "foreign national" - wherever they are (deemed export)
- a foreign embassy or affiliate
A "Foreign National" is any person who is NOT a:
- U.S. Citizen or National
- U.S. Lawful Permanent Resident
- Person Granted Asylum
- Person Granted Refugee Status
- Temporary Resident
"Foreign Nationals" include:
- Persons in the U.S. in non-immigrant status (H-1B, H-3, L-1, J-1, F-1 Practical Training, L-1)
- Persons unlawfully in the U.S.
Exports may be controlled due to any of the following factors:
- National Security
- Proliferation of chemical and biological weapons
- Nuclear Nonproliferation
- Missile Technology
- Anti-Terrorism (Cuba, Iran, North Korea, Libya, Sudan, and Syria)
- Crime Control
- Regional Stability
- U.N. Sanctions
Exports can be disclosed via the following actions:
- Telephone discussions
- E-mail communications
- Computer data
- Face-to-face discussions
- Training sessions
- Tours which involve visual inspections
The following U.S. government agencies determine the policies regarding export control:
- Export Administration Regulations (EAR) - The Department of Commerce
- International Traffic in Arms Regulations (ITAR) - The Department of State
- Office of Foreign Asset Control (OFAC) - The Treasury Department
The FBI has produced a good source for faculty members who travel to conferences in countries outside the US. It includes specific information regarding how to protect the information in your phone and computer and advises the traveler that in some countries their movements may be monitored.
The Export Administration Regulations (EAR) define a deemed export as the release of technology or source code subject to the EAR to a foreign national in the United States. Any such release is "deemed" to be an export to the home country of the foreign national. Situations that can involve the release of U.S technology or software include:
- Employees that are foreign nationals involved in specific research, development, and manufacturing activities
- Foreign students or scholars conducting research
- Laboratory tours
- Sharing of computer files
- Visual inspections
This is the PRIMARY export control issue facing university research.
Who it Affects
Foreign Nationals are subject to deemed export requirements unless:
- Granted U.S. citizenship;
- Granted permanent residence status (i.e., "Green Card" holders); or
- Granted status as a "protected individual." Protected individuals include political
refugees and political asylum holders.
As a general rule, the last citizenship obtained by the foreign national governs. Example: Dual Citizenship - Foreign National that becomes a citizen of the United Kingdom, but maintains his/her birth country citizenship.
Why it is Important
According to recent reports, the Commerce Department has begun to monitor applications for employment based visas, and particularly H visas, more closely.
The Department's Bureau of Industry and Security has conducted sporadic spot checks of foreign nationals who have been granted H visas to work in sensitive industries, including interviews with their employers.
The FBI also has become increasingly concerned with the relationship between foreign workers and the release of technology deemed to be an export under the EAR and ITAR. As part of their investigative activities, FBI agents have visited universities in order to learn more about projects on which particular foreign nationals have been working, and to ascertain whether or not they are licensed.