What are Export Controls?
Export controls are federal laws and regulations that govern the transfer of certain goods, technologies, related technical data, and specific services or funds. These controls are designed to protect U.S. national security, economic interests, and foreign policy objectives. Although export control laws have existed for decades, they gained increased attention after 9/11. Today, with growing global threats, there is heightened concern about national security and more stringent interpretation and enforcement of export control regulations by the federal government.
Export Control Regulations:
- Export Administration Regulations (EAR) - Implemented by the Department of Commerce for items that have both a commercial and potential military use
- International Traffic in Arms Regulations (ITAR) - Implemented by the Department of State for military items and defense services
- Treasury Department's Office of Foreign Assets Control (OFAC) - Administers and enforces economic and trade sanctions
Is anything excluded from export control laws?
- Educational information normally taught at a university
- Public information such as patents, websites, books, papers, publicly available software
- Fundamental research: basic or applied research that is normally published and broadly shared