Export Controls & University Activities
Export control analysis should be performed before and during some UAF activities to help identify potential export control issues. An Export Control Analysis Questionnaire is available to determine if an export license is needed or if project information needs to be managed.
Any item that is sent from the United States to a foreign destination is an export. “Items” include commodities, software, biological materials, chemicals, technology, and information. Shipping of controlled items, information, or software may require approval from the U.S. government in the form of an export license. Before carrying, shipping, or otherwise sending materials outside of the United States, you should consult the Export Control Officer to determine whether an export license is required. Export Control requirements apply regardless of the source of funding, both external and internal.
The following questions should be answered when conducting shipping an item:
|What is being shipped?
|Where is it going? Who is receiving it?
|What will it be used for?
Export controls apply to all persons in the U.S., and U.S. persons whether in the U.S. or traveling abroad. Travel to destinations outside the U.S. with controlled items, including controlled information, can also implicate export control regulations. A license may be required depending on which items are taken, which countries are visited, or whether defense services are provided to a foreign person. University personnel planning to travel to embargoed or sanctioned countries have an obligation to contact the ECO as far in advance as possible.
For more information please visit International Travel
Non-Disclosure Agreements (NDA), Data Use Agreements (DUA), Memorandums of Understanding, Purchase Orders, Donation Agreements, and other business agreements not processed by OGCA, OIPC, and ORI (for example, software licenses, material transfer agreements (MTAs), Intellectual Property licensing agreements, Master Services Agreements, facility access agreements, donations/gifts from foreign entities or persons, etc.) may also be impacted by export controls. A review of such contractual documents is done to determine whether or not a particular transaction will be significantly impacted by U.S. export laws and regulations. It is the responsibility of faculty and/or staff to promptly and accurately complete any and all forms provided by the ECO in order to complete an effective review.
Specific thresholds or “red flags” necessitate the completion of an export review prior to undertaking certain transactions. Units tasked with the management of such transactions may contact the ECO directly for assistance in evaluating any specific transactions or to develop internal review procedures or guidelines for specific classes of transactions.
- Look for export control clauses
- Only agree to follow US export control laws as opposed to other countries
- Contracts that limit publication or personnel without first speaking with your export control office
- NDAs can negate the fundamental research exception
- NDAs can restrict our ability to place research information in the public domain
- Information in the public domain is not subject to export controls
UAF personnel that wish to purchase or receive technology for use in research or other academic activities should be aware that most technology is subject to U.S. export controls. Whenever possible the University prefers to rely on manufacturers to provide the export control status of items and software being obtained through a procurement activity. University personnel should request details directly from the vendor or manufacturer regarding the export control classification information of technology they intend to purchase, or they may request assistance from the ECO in obtaining this information.
The following questions should be answered when conducting a procurement activity:
- Are export-controlled items being purchased?
- Are you buying from a person/company that is on a restricted party list? Restricted party screening requests can only be made by current University of Alaska Fairbanks faculty, staff and students. Please complete the Restricted Party Screening Form to request restricted party screening. The Export Control Officer will contact you with the results and any other questions.
- Anyone that does not meet the definition of a U.S. Person. The following are U.S. persons:
- Citizens or nationals of the United States
- Permanent residents (green card holders) of the United States
- Persons granted asylum, refugee, or amnesty status by the U.S. gov’t
- U.S., state, or local gov’t agencies; U.S. businesses; U.S. universities
- A Deemed Export (the transfer of information or data to a foreign person within the U.S. is deemed to be an export to that person’s home country) License may be required before a foreign person can work on an export-controlled project
Foreign Faculty & Staff
- All foreign staff employed at UAF on an H1-B or O-1 visa undergo a review to determine if a deemed export license is required for them to conduct their planned job activities. This is required by the U.S. Dept. of Homeland Security
- Bonafide, Fulltime Employee Exemption: the ITAR allows foreign persons to work on ITAR-controlled projects without a license if they are bonafide, full-time employees of UAF (not from certain countries) with no domicile outside the U.S.
- Education Exemption: A license is not required to transfer information in science, math, or engineering to foreign students that are taught in cataloged courses
- Massive Open Online Courses (MOOCs): Review MOOCs in science/engineering areas for export-controlled information before release
- Research: An export license may be required for a foreign student to work on an export controlled project
Restricted Party Screening
- The process we use to determine if persons or organizations are on any of the U.S. government's restricted party lists. Restricted party screening requests can only be made by current University of Alaska Fairbanks faculty, staff and students. Please complete the Restricted Party Screening Form to request restricted party screening. The Export Control Officer will contact you with the results and any other questions.