General Guidance
UAF Export
Management Policy identifies the duties and responsibilities
of university personnel and offices related to export management. UAF Policy also requires that any use of information, materials, technology, software and technical data subject to Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and/or subject to embargo or trade sanctions by the Office of Foreign Asset Controls must be covered by a Technology Control Plan approved by the UAF Office of Research Integrity (ORI).
"Exporting:
What Researchers Need to Know" is a
Adobe PowerPoint presentation developed by the Office
of Research Integrity to provide a brief introduction
to export issues, with special focus on the Export
Administration Regulations (EAR). Direct questions about
exporting to the Office of Research Integrity or
check the Frequently
Asked Questions section of this website.
The U.S. has complex export control laws and
regulations which are scattered throughout the U.S. Code
(USC) and the Code of Federal Regulations (CFR). In keeping
with the diversity of export regulations, a number of federal
agencies have been given export oversight responsibilities.
Links to the export regulations most likely to apply
to university research programs are available on the Federal
Regulations page.
It is important to remember
that exports are not just physical transfers/shipments, but
include providing technical services or information, in the U.S. or abroad,
to individuals who are not U.S. persons (citizens, green
card holders or individuals who have been granted
asylum) or to U.S. persons representing a non-U.S. entity.
Some exports require a license or permit. Submit an Export
Determination Request Form for help determining license requirements. Find
out if you need an export license as early as possible, because
the licensing process can take weeks to months depending
on the government agency involved.
UAF and the individuals involved in exporting are responsible for insuring that we (UAF) do not engage in export activities with individuals, organizations, or countries that are prohibited from receiving US exports or participating in export activities. The ORI, on behalf of UAF, subscribes to a web-based system (Visual Compliance from eCustoms) that automates the restricted party screening process and checks 50+ lists for "red flags". The ORI will run the checks for you or you may purchase a seat for use by your unit (contact ORI for information on reduced pricing). However, at minimum the following five lists must be checked prior
to any export.
Other lists you should check prior to any export are the General Orders found in Supplement 1 to part 736 of the EAR and the Nonproliferation Sanctions. Common practice
for exports is to check the lists twice, once at the
time the initial request is made and again on the day of export, transfer,
or shipment.
If you are asked to export to anyone on
any of these lists contact the Office of Research Integrity
immediately and do not proceed with the export!
People who are attempting to circumvent U.S.
export controls can often be identified simply by knowing
your customer (the export recipient) and watching for some
common red flags. The Bureau of Industry and Security provides
two good guidance documents "Things
to Look for in Export Transactions" and "Know
Your Customer Guidance" that give good (and brief!)
practical advise for exporters.
Another thing to look out for in contracts,
order forms, and other documents is the presence of boycott
requirements. These are most commonly found in documents from
Arab League countries requiring the boycott of Israeli companies,
partners, ports of call, etc. Compliance with such restrictions
is against U.S. antiboycott laws and must be reported to the
Bureau of Industry and Security, Office
of Antiboycott Compliance. If you have questions about
specific clauses contact the Office of Research Integrity for
assistance.
Getting Help
Planning an export?
Not sure which regulations, if any, apply
to your export? Don't know if you need an export license? Submit
an Export
Determination Request Form. A member of the UAF Office
of Research Integrity (ORI) will review the information you
provide, check the regulations and get back to you with specific
guidance. ORI is authorized to submit export license requests
to the Bureau of Industry & Security (Dept. of Commerce), Office of Foreign Asset Control (Dept. of Treasury), and
Office of Defense Trade Controls (Dept. of State) and can assist
you with applications to other regulatory agencies.
The Office of Research Integrity provides
general or program specific initial and continuing education on US export
regulations and related record keeping and management requirements
on an as needed basis. Contact us at fycomp@uaf.edu and
let us know what topics you're interested in learning more
about.
Export Related Links
