The primary United States regulations controlling export activities are the International Traffic in Arms Regulations (ITAR) administered by the Department of State; the Export Administration Regulations (EAR) administered by the Department of Commerce; and the foreign asset control regulations administered by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury. If an activity is controlled under the export regulations, then a license or other approval is needed from the relevant agency unless an exemption applies. Even if approval is not needed, there might be requirements for government review prior to conduct of the activity, for giving notice to the government, or for keeping special records. Also, if an activity is controlled, there likely will be restrictions as to who can participate in the activity. There are potentially severe civil and criminal penalties, including fines and imprisonment, for violating the export laws. Both the organization and the individuals involved are subject to these penalties.

Across the country, universities are struggling to come to terms with export controls – particularly with respect to types of research activities conducted and the inclusion of foreign nationals on some research projects.  At the UM, a Research Restrictions Committee convened by President Mary Sue Coleman in January 2003 recommended that the University :

1. Maintain an open environment with no restrictions on publication
2. Should not accept any project that allows the exclusion of U-M personnel from participating in research due to their ethnicity, national background or nationality, unless a strong case can be made that the project is clearly in the “public interest.”

For more information on export control regulations and restrictions on access by foreign nationals, see:  http://www.research.umich.edu/policies/federal/export_controls.html .  There is a particularly useful section on debunking myths about universities and export controls.  If you have any questions or would be interested in having a workshop for your unit on this topic, please contact John Callewaert, [email protected]