Office of Research



Office of Research

International Traffic-in-Arms Regulations (ITAR)

The export of “defense articles” or performance of “defense services” that are inherently military in character, or specially designed, modified or engineered for military applications are regulated by the International Traffic in-Arms Regulations (ITAR) and enumerated in the U.S. Munitions List (USML) and require licensing.

DARPA, AFRL, ARL, ONR are just a few examples of agencies that issue awards with ITAR restrictions.

Never rely on the sponsor to determine if foreign students or researchers are permitted to access to defense articles or technical data.

ITAR Researcher Responsibilities

“Know what you are getting into” by understanding that defense research may be subject to ITAR restrictions,
Follow Office of Export Compliance notifications and Technology Control Plans for safeguarding ITAR U.S. Munitions List (USML) articles and associated technical data involved in research,
Do not allow foreign nationals access to research projects with ITAR U.S. Munitions List (USML) articles or data without approval from the Office of Export Compliance,

When requested, assist Sponsored Programs in identifying if technology in a SOW is listed in the ITAR U.S. Munitions List (USML),

Do not perform sponsored or unsponsored defense research in a foreign country without receiving direction from the Office of Export Compliance. The Office of Export Compliance requires notification when a defense or space related article or technical data listed in the ITAR U.S. Munitions List (USML) are obtained from a third party (government, contractor, or sponsor) outside of the Office of Research & Commercialization approved process.

Primary ITAR Concerns in Research

When a defense article or data is shipped out of the U.S.  (i.e. “exported”),
Allowing an unlicensed foreign national access to a defense article or related technical data without approval from the Office of Export Compliance. The US Government has a policy of denial for license requests for foreign nationals from proscribed countries,
Importing defense articles listed in the U.S. Munitions List (USML) Import List,
Providing technical assistance to a foreign national on how to use a defense article via instruction, presentations, training, or consulting. The transfer of “know how” is considered a defense service.

ITAR Employment Exemptions

Contractual clauses restricting publication or access by foreign participants destroy the Fundamental Research Exclusion.

Bona-Fide Employee Exemption allows university employees to participate in ITAR research if:

The employee is not a foreign national from a proscribed country
Is a “full-time” regular employee with benefits,
Resides at a permanent address in the U.S. while employed,
Is notified in writing not to disseminate ITAR research data.
Contractual clauses restricting publication or access by foreign participants destroy the Fundamental Research Exclusion.

ITAR Proscribed Countries

Proscribed countries and foreign nationals from those countries are legally prohibited from receiving ITAR U.S. Munitions List (USML) articles, services, or technical data, nor will the US Government issue a license. Imports may also require a license from Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

PI�s should determine if their technology is a defense article listed in the ITAR USML

ITAR U.S. Munitions List (USML)

Category Description
I Firearms, Close Assault Weapons and Combat Shotguns
II Guns and Armament
III Ammunition / Ordinance
IV Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs and Mines
V Explosives and Energetic Materials, Propellants, Incendiary Agents and Their Constituents
VI Vessels of War and Special Naval Equipment
VII Tanks and Military Vehicles
VIII Aircraft and Associated Equipment
IX Military Training Equipment and Training
X Protective Personnel Equipment and Shelters
XI Military Electronics
XII Fire Control, Range Finder, Optical and Guidance and Control Equipment
XIII Auxiliary Military Equipment
XIV Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment
XV Spacecraft Systems and Associated Equipment
XVI Nuclear Weapons, Design and Testing Related Items
XVII Classified Articles, Technical Data and Defense Services Not Otherwise Enumerated
XVIII Direct Energy Weapons
XIX Reserved
XX Submersible Vessels, Oceanographic and Associated Equipment
XXI Miscellaneous Items

ITAR Decision Tree

The ITAR Decision Tool provides simplified guidance to determine whether research is subject to the ITAR, and requires research security measures.

ITAR Related Government Policies

Department of State

International Traffic in-Arms Regulations (ITAR)

Department of Defense

National Security Decision Directive (NSDD) 189 (pdf)

DoD Policy Memo on Protecting Exemptions for Fundamental Research (pdf)

DoD Policy on Distribution Statements on Technical Documents (pdf)

Defense Technical Information Center (DTIC)

Department of Health & Human Services

National Select Agent Registry

HHS and USDA Select Agents & Toxins

Department of Justice

List of Explosive Materials (pdf)