Office of Research



Office of Research

Export Control

 

The U.S. export control regulations govern the transfer of material and technology, including technical information, out of the U.S. and to foreign nationals in the U.S. and abroad. Compliance with these laws is important for several reasons, including national security and protecting intellectual property. The export of certain material and technology requires an export control license from the U.S. Government prior to exporting the material or technology out of the U.S. or releasing the material or technology to foreign nationals.

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UCF Export Control Policy

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export control management plan

Key Government Regulations

  • The International Traffic in Arms Regulations (ITAR) regulate technology, information, and services that are considered military in nature. The ITAR is under the purview of the U.S. Department of State, and regulate defense articles, technical data, and defense services.
  • The Export Administration Regulations (EAR) regulate material, technology, technical information, software, and services that are dual use (i.e., predominantly civil applications but may also have military applications) or are strictly civil in nature. The EAR is under the purview of the U.S. Department of Commerce.
  • The Office of Foreign Asset Control Regulations (OFAC) regulate financial transactions, the exchange of materials and technology, and activities with embargoed/sanction countries, entities, and persons. In general, most of the activities with sanctioned entities/persons are prohibited. OFAC is under the purview of the U.S. Department of Treasury.

Training

  • UCF subscribes to the CITI training modules to train faculty, staff and students in export control procedures and regulations. These trainings help the UCF community to understand the U.S. export control regulatory and UCF policy requirements related to export control. All UCF employees and students accessing ITAR controlled technology, or 500/600 Series EAR controlled technology must complete the CITI Export Control Training Course prior to accessing such technology. This course must be completed every 2 years. For instructions on how to complete the CITI Export Control training, please see: https://www.research.ucf.edu/documents/PDF/2022/ECO_INST-5_CITI_ExportControlTraining.pdf
  • In addition to the online training modules offered through CITI, OICEC is happy to provide one-on-one and group trainings to UCF personnel and units. To request a training please contact exportcontrol@ucf.edu .

Engaging in Export Controlled Work

UCF Faculty, staff and students may engage in activities and research that is export controlled. When this is the case, OICEC partners with the research team to ensure proper controls are in place to meet the requirements of the export control regulations. This may include the implementation of a Technology Control Plan (TCP). A TCP outlines who is participating in the research and the specific physical and information security measures pertaining to the research. A license from the U.S. Government may be required before a foreign national is able to participate in export controlled activities and/or research or before foreign collaborations can take place. OICEC assists UCF with submitting export licenses to the U.S. Government to permit foreign nationals to engage in export control activities/research and to further foreign collaborations. There may be times when a license cannot be obtained, including if the collaboration involves a sanctioned country or restricted party.

Tip from OICEC: On average, it can take two to six months to obtain a licensing decision from the U.S. Government. Beginning the licensing process at the proposal stage can help mitigate delays.

 

Foreign Nationals engaged in Research

An export usually occurs when a physical transfer of an item or technical data occurs across national boundaries. Another type of export, known as a “deemed export,” is the release of U.S. origin products, software, or technical data within the U.S. to a foreign national. A foreign national includes anyone who is not a U.S. citizen or lawful permanent resident. Such releases are subject to export licensing requirements, and an unauthorized release to a foreign national constitutes an export violation. The term “release” is broadly defined and can occur through visual inspection, verbal exchanges, or the application outside the U.S. of personal knowledge or technical experience acquired in the U.S.

In addition, as part of the U.S. Citizenship and Immigration Services Form I-129 process, UCF is required to perform a “deemed export attestation.”  Specifically, UCF must certify whether an export control license is or is not required for the foreign national to perform their responsibilities at UCF. UCF Global will request that units wanting to sponsor a visa complete the UCF Non-Immigrant Export Control Questionnaire. OICEC will review this Questionnaire to assist UCF units in proactively identifying when a deemed export license may be required.

In addition to the above referenced Questionnaire, UCF has implemented several internal business processes to help the UCF community identify when an export control license, including a deemed export license, is required. For questions related to deemed export licenses, please contact the UCF Export Control Manager. For more information on the UCF Visa process, please see: https://global.ucf.edu/.

UCF Non-Immigrant Export Control Questionnaire

International Shipping

Generally, the ITAR  requires an export control license from the U.S. Department of State prior to shipping items subject to the ITAR out of the U.S. Very few exemptions exist. Technology that is regulated under the EAR  does not always require a license. License requirements depend on the classification of the item, the destination, the end user, and the intended end use.

OICEC can assist the UCF community in determining whether an export control license is required to ship an item. OICEC highly encourages the UCF community to utilize the SPOT when shipping items outside of the U.S. OICEC is already built into the SPOT shipment review process and this can help expedite things!

Tip from OICEC: It can take several months for a federal agency to approve or deny a license application. OICEC recommends starting the license determination process as early as possible to avoid delays.

 

 

International Travel

Pursuant to Florida Statute 1010.36, preapproval from UCF is required for all faculty, researchers, and research department staff prior to engaging in employment-related international travel. For more information on the UCF travel process please see: https://global.ucf.edu/international-health-and-safety/travel-registration/.  As part of the UCF travel process, OICEC conducts a review of international travel to assist in determining whether an export control license may be required and to help identify inappropriate foreign influence risks.

If you intend to export (i.e., ship or take) any UCF owned material or technology during your travels, you are required to comply with all applicable U.S. Customs and export control regulations. If certain requirements are met, a lot of commonly used technology can qualify for the Tool of Trade Exception under the EAR. Please make sure to disclose all exports as part of the above referenced travel process. If you have questions about the export of items during international travel, please contact: exportcontrol@ucf.edu.

Tip from OICEC: If you don’t need it, don’t take it with you!

 

Importing of Goods/Equipment

When shipping certain goods and equipment into the U.S. there can be U.S. Customs requirements that must be met. The utilization of a customs broker can be extremely helpful in making sure your goods/equipment are not held up in customs. For additional information related to UCF’s custom broker, please contact exportcontrol@ucf.edu.

FAQs

What is an export?

An export is any oral, written, electronic or visual disclosure, shipment, transfer or transmission of commodities, technology, information, technical data, assistance, or software codes to (1) anyone outside of the U.S. and/or (2) a “foreign national” wherever they are (deemed export).

Who is a foreign national or foreign person?

A Foreign National is any person who is not a:

        • U.S. citizen 
        • Permanent resident alien (green car holders)
        • Person seeking asylum
        • Refugee
        • Temporary resident under amnesty provisions
What is a deemed export?

A deemed export is the release of technology or information to a foreign national in the U.S., including students, post-docs, faculty, visiting scientists or training fellows. Deemed exports are the primary area of export control exposure for the university.

Does the use of controlled lab equipment by foreign nationals constitute a deemed export?

It depends on the equipment. Use of a defense article by foreign nationals is prohibited, unless a license is obtained from the U.S. Department of State. Generally, use of technology that is export controlled under the U.S. Export Administration Regulations by a foreign national in the U.S. does not require an export control license.

What do I do to ensure my research is not subject to export controls?

Researchers have the choice to accept or reject research. For researchers who desire to have unrestricted academic freedom not subject to export controls, it is important to preserve the publicly available and public domain exclusions/protections provided by the government, including those afforded to fundamental research. The best way to do this is to make sure during the proposal and contract negotiation process that access, dissemination, and publication restrictions are not added to your research.

What do I do if a sponsor begins providing export-controlled information or technology on an award previously determined to be fundamental research?

This action is an indication that the direction of the research has changed in some way to render the project subject to the U.S. export control regulations. If this occurs, please immediately contact the OICEC office at: exportcontrol@ucf.edu.

What kinds of activities can trigger the need for an export control license?

The following are examples of the types of university activities that may trigger the need for an export license or deemed export license:

  • International shipments of equipment or data.
  • Research involving export-controlled items or information (e.g., defense items or services, satellites, WMD, non-mass market encryption).
  • Involving foreign nationals in research that does not qualify for an exclusion.
  • Presenting unpublished information not protected under an exclusion.
  • Travel or field work in a sanctioned / embargoed country.
  • Providing financial support to a sanctioned / embargoed country.
  • Shipping or hand-carrying internationally any controlled pathogens, toxins, viruses, bacteria, fungi, select agents, or chemicals.
  • Use of any ITAR/USML defense article or associated technical data.