Export Controls involves US laws that regulate the distribution to and/or sharing of information with foreign individuals, entities, and/or countries of strategically important technology, services and materials for reasons of national security. TCNJ employees are expected to complete CITI Export Control Course Training, complete the Export Controls Screening and send it to firstname.lastname@example.org, before travel outside the US is authorized or collaborations with international persons and entities.
The U.S. government administers and enforces economic and trade sanctions against targeted foreign countries and programs (“Embargo List”). Conducting business of any kind, including academic activities with or within a country or program on the Embargo List is greatly restricted and requires either authorization by the U.S. government or a license from the Office of Foreign Asset Control (“OFAC”).
Employees of The College of New Jersey planning to prepare proposals to third-party funders for research/projects that occur outside of the United States or that involve immigrants and/or foreign nationals are required to assess whether licensing is necessary from the appropriate US Federal Agencies.
- U.S. export control laws restrict the ability of the College to grant access to foreign nationals present in the United States to certain types of technology and technical data. Three principal regulatory laws govern the export of items and technology from the U.S., and the re-export or retransfer of the items outside the U.S.:
- The export or re-export of U.S.-origin items or technologies that are commercial in nature is subject to the Export Administration Regulations (“EAR”). administered by the U.S. Department of
Commerce, Bureau of Industry and Security (“BIS”). A copy of the updated set of regulations is available at: http://www.access.gpo.gov/bis/ear/ear_data.html.
- The export, re-export, or retransfer of defense articles and related technical data and defense services (i.e., items or technology that are “inherently military” in nature, as determined by the State Department not by the researcher’s intent, as well as most space-related items) is subject to the International Traffic in Arms Regulations (“ITAR”) administered by the U.S. Department of State, Directorate of Defense Trade Controls (“DDTC”).
TCNJ employees may not engage in any of the following activities without a license from OFAC or other permission from the US government:
- export or import, directly or indirectly, goods, services or technology to and from a country or program on the Embargo List,
- enter into a contract involving, or otherwise provide services to a country or program on the Embargo List; and
enter into a contract with, facilitate, aid or otherwise support services to any entity or individual located in a country or program on the Embargo List.
The current Embargo List contains additional sanctions and is located on OFAC’s website at: https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx.
TCNJ employees must consult the OFAC website to verify sanctions imposed, whether the proposed activity is prohibited, and whether a license is required. The Provost and Vice President for Academic Affairs or his designee will receive all reports regarding possible violations of export controls. The Provost will consult with the Office of University Counsel as necessary.