Governing Agencies
There are a many federal laws and regulations that control the provision of certain services and the export of controlled items (e.g. material samples, equipment, software/source code and prototypes) and information. Normal university activities can constitute regulated services and items and information used in or produced by university activities can be subject to export controls. The Office of Export Compliance is responsible for providing support for University activities subject to the three primary export control regulations listed below.
International Traffic in Arms Regulations (ITAR)
- Citation: 22 CFR 120-130
- Agency: Directorate of Defense Trade Controls (DDTC), US Department of State
- Statutory Authority: Arms Export Control Act (AECA)
- Scope: Primarily military technology, technical data and services.
- Examples of Items Controlled: satellite technology, some unmanned aerial vehicles, global positioning systems, chemicals, night vision technology, navigation systems, sonar and radar systems, military electronics and software.
Export Administration Regulations (EAR)
- Citation: 15 CFR chapter VII, subchapter C
- Agency: Bureau of Industry & Security (BIS), US Department of Commerce
- Statutory Authority: Export Administration Act (EAA) and the International Emergency Economic Powers Act (IEEPA)
- Regulations: Export Administration Regulations (EAR)
- Scope: Items in US commerce that are not controlled by another agency. Controls are predominantly related to dual-use (ones with military and commercial utility) technology listed on the Commerce Control List.
- Examples of Items Controlled: lasers, infectious agents, computers, encryption technology, sensors, navigation and avionics, propulsion systems, toxins, chemicals, certain materials for the manufacture of controlled goods, and telecommunications equipment.
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The Commerce Control List categories:
- Nuclear Materials, Facilities & Equipment (and Miscellaneous Items)
- Materials, Chemicals, Microorganisms, and Toxins
- Materials Processing
- Electronics Design, Development and Production
- Computers
- Telecommunications and Information Security
- Sensors and Lasers
- Navigation and Avionics
- Marine
- Propulsion Systems, Space Vehicles and Related Equipment
Embargoes and Trade Sanctions or Foreign Assets Control Regulations (FACR)
- Citation: 31 CFR 500-598
- Agency: Office of Foreign Assets Control, US Department of the Treasury
- Statutory Authority: Presidential National Emergency Powers and various legislation impacting international trade
- Regulations: International Trade Regulations
- Scope: Varies among the different sanction programs. Sanctions may be comprehensive or limited.
- Examples of Controls
- Country-Based: Iran, Cuba, Sudan, Syria, and North Korea.
- List-Based: Counter Terrorism, Non-proliferation and Counter Narcotics Trafficking.
- Country Specific Sanctions:
- Belarus
- Myanmar (Burma)
- Democratic Republic of Congo
- Cote d'Ivoire (Ivory Coast)
- Cuba
- Iran
- Iraq
- Former Liberian Regime of Charles Taylor
- Libya
- North Korea
- Somalia
- Sudan
- Syria
- Zimbabwe
This is not a comprehensive list of all US export control regulations; additional laws and regulations exist, but typically university activities will not involve data, goods or services under their jurisdiction. Although the Baylor Office of Export Compliance has no formal responsibility associated with regulations other than the EAR, ITAR and OFAC, we will try to put researcher in touch with the office or person at Baylor or the cognizant agency that will be best able to assist.
The Baylor Office of Export Compliance wishes to thank the University of Virginia Office of Export Controls for compiling the above list and for allowing Baylor to utilize the list.