Export Control Regulations in Research

The U.S. government has established Export Control regulations on the transfer of information, commodities, technology, and software considered to be strategically important to the U.S. in the interest of national security, economic and/or foreign policy concerns. Export Controls regulate the shipment or transfer, by whatever means, of controlled items, software, technology, or services out of U.S. (termed an “Export”).

As a public technology research university, NJIT provides an open teaching and research environment for the free exchange of information within NJIT community among faculty, staff and students, and externally at seminars and meetings related to academic and professional activities through scientific presentations and publication of papers under the academic freedom.  The institutional academic freedom enables research and support discovery of new knowledge through externally and internally funded or non-funded research involving various sponsors (government, non-profit and for- profit organizations). However, instances may arise in which some research or activities will involve the transfer of technology, information, materials or equipment that are subject to regulation and restriction under federal export control laws.

Federal export control regulations prohibit the export to foreign countries of certain goods, technology, and technical data without an export license issued by the government. These regulations were implemented for reasons of national security, economic and trade protection, and the advancement of foreign policy goals

Most of the conventional teaching and research activities at NJIT are excluded from the Export Control regulations. However, government regulations may apply to activities with respect of the following, but not limited to:

  1. transfer of specified items or information to people or entities outside the U.S.
  2. disclosure of certain information to certain foreign nationals inside the U.S. (referred to as a "deemed export")
  3. training or offering of services involving controlled equipment or information to foreign nationals
  4. transactions with or providing services to, certain foreign countries or individuals who are on embargo lists.

The following federal regulations and policies relate to Export Control and may be applicable to research

  1. Export Control regulations consist of the Export Administration Regulations (EAR) administered by the Department of Commerce. It covers dual use protocols and information for commercial and military applications (such as high performance computers and pathogens Please see the website for more information.
  2. The International Traffic in Arms Regulations (ITAR) posted at the website http://www.fas.org/spp/starwars/offdocs/itar, administered by the Department of the State, provides information on munitions or defense articles and services.
  3. The Office of the Foreign Asset Control (OFAC), Department of the Treasury provides regulations on trade sanctions, embargoes and travel restrictions in designated countries. Please see the website on the listing of certain biological materials and toxicological agents included in the EAR and ITAR listings. This list is augmented by DHS Appendix A on Chemicals of Interest on the website.

Please notify NJIT Office of Research and Development, if your research project involve:

  • Shipping equipment to a foreign country?
  • Collaborating with foreign nationals in foreign countries?
  • Training foreign nationals in using equipment?
  • Working with a country subject to a U.S. embargo?
  • Submitting a proposal to an RFP marked "Export Controlled"?
  • Working with a sponsor requiring pre-approval rights over publications or the participation of foreign national students?

Other transactions or operations that may trigger an Export Control Issue:

  • Exposing foreign nationals to your research labs.
  • Traveling overseas with high tech equipment, confidential, unpublished, or proprietary information or data.
  • Using 3rd Party Export Controlled Technology or Information.
  • Providing professional consulting services overseas, especially to embargoed or sanctioned countries.

 

Please contact NJIT Office of Research and Development by sending an email to Atam Dhawan, Vice Provost for Research at dhawan@njit.edu, you have any questions about the regulations on Expert Control.