University Export
Control FAQ
1. Export Controls, Why do they apply to me?
- Exports
- Exports include the transfer of controlled physical
items, such as equipment, to foreign countries or foreign nationals in
the US or abroad; transfer or disclosure of information or technical data
(e.g. visual disclosure through observation) to foreign countries
or foreign nationals in the US (“deemed export”) or abroad; and provision
of services outside the US or to entities outside the US.
- Laws and policies apply to items, including software,
supercomputers, “dual-use” commodities, technologies, as well as information,
transferred to anyone outside the US or to a foreign person in the US.
Export licenses are required in certain instances. Non-research and
research transactions may be included under these jurisdictions.
Violation of export rules can result in severe penalties for the
individual and the entity. The relevant regulations are:
- State Department, Directorate of Defense Trade Controls
- International Traffic in Arms Regulation (ITAR)
- Commerce Department, Bureau of Industry and Security - Export
Administration Regulations (EAR)
- Treasury Department, Office of Foreign Assets Control
(OFAC)
- In Research Activities
- When US universities undertake basic or applied research on
campus in the United States, the results of which will ordinarily be
published (and which are not treated as proprietary), the research
results, i.e. information, may be excluded from certain
export control provisions. This exclusion may apply to
collaborations with researchers from other countries when the research is
conducted in the United States. However, research conducted with non-US
collaborators outside the United States may, if export controls apply,
require a license prior to undertaking the activity, including
transfer of information sufficient to develop research proposals. A
“deemed export” may occur in research conducted in the United States if a visiting scholar or foreign student participates and the research is not covered by
the fundamental research exclusion. An export license must be obtained prior
to any deemed export.
- In Education Activities
- Public domain exemption to export controls may
allow the use of already published materials to convey information in
the classroom abroad, if the course is listed in the course catalogue.
- In Travel Activities
- In addition to reviewing the
US State Department’s warnings and travel restrictions, travelers should
be mindful of export restrictions. Many computers must be kept in your possession
24/7; equipment must be screened by GIT’s Office of Research Security;
presentations must be cleared by GIT’s Office of Legal Affairs, unless
the presentations are exclusively about previously published work or
presented at conferences that are open to the public.
2. How will I know if
I'm exporting information or technology?
- Does the activity involve:
- A foreign company whether the
activity is conducted here or abroad?
- A foreign national (person who
is not a U.S. citizen or Green Card holder)?
- A foreign government sponsor
whether the activity is conducted here or abroad?
- A U.S. government contract
with a restriction on participation by foreign nationals or other
restriction?
- A contract with a U.S. company or the U.S. government that has a publication restriction or an associated NDA
or proprietary rights agreement?
- Taking equipment over seas?
- Foreign nationals (faculty,
post-docs, students, visiting scholars, collaborators, etc) using
equipment on the GIT campus?
3. What do I do if I am
exporting information or technology?
- DO NOT engage in the activity
until Georgia Tech has determined that the activity is not subject to
export controls or, if it is, until a license has been obtained.
- The Office of Sponsored Programs
(OSP) will provide you with an export review form to fill out as part of
the package or you can obtain the form from the Office of Legal Affairs (OLA)
website.
4. Who can I ask for
Assistance?
§
OLA, OSP
5. What activities should
I avoid?
§
Discussing non-public domain technology with foreign companies
and foreign nationals without having an export review done.
§
Taking controlled technology overseas without having an export
review done.
§
Taking foreign nationals on lab tours without discussing with OLA
first.
For More Information