Export Control Compliance

Frequently Asked Questions

List on this page are frequently asked questions regarding export control.

There is no external funding supporting my activities, do export controls apply? 
Yes
Export controls apply to all international activities regardless of funding status or source.
I am doing basic research at UToledo in collaboration with a foreign lab, do export controls apply?
Yes
Export controls apply to all international research activities. In general, basic research is conducted at the University is not subject to export controls under the Fundamental Research Exclusion as long as it is not in an export restricted area and there are no restrictions on publication or access by foreign nationals. However, in cases where UToledo research involves collaborations with foreign nationals, the University must perform a review of the research and document that the Fundamental Research Exclusion or other exclusion does or does not apply.
I am doing basic research that includes field work done overseas; does my research qualify under the Fundamental Research Exclusion?
Maybe
To qualify as Fundamental Research, research must be conducted at an accredited institution of higher education located in the United States. If your research includes work done outside of the U.S., it may not qualify for the Fundamental Research Exclusion. This does not automatically mean that export licenses will be required but it does mean that an export control determination needs to be done before the work begins. Contact Gary Rafe for help in determining your license requirements. 
My research is exempt from export controls under the Fundamental Research Exclusion, can I ship items developed as a part of that research overseas?
Not Automatically
While research results developed or generated under the Fundamental Research Exclusion are exempt from export controls and can be freely shared with foreign nationals here and abroad, any materials, items, technology or software generated as a result of the research ARE NOT exempt from export controls. Before shipping or taking any item abroad, an export control determination needs to be done to determine if an export license is required to take or transfer the item. Contact Gary Rafe for help in determining your license requirements. 
How do I know if I need a license?
Determining when you need an export license can be very complicated. The Export Control Compliance Analyst, Gary Rafe and the Export Control Committee can assist you in determining if a license is required and/or if there is a valid license exception or other exclusion that may apply.
How do I apply for an export license?
If it is determined that your activity requires an export license, the Export Control Committee will coordinate the license application process. They will work with you to submit a license request to the appropriate regulatory body on your behalf.

It is important to note that obtaining an export license can take 3-6 months and there is not guarantee that a license will be granted.
Are commercially available items free from export control licensing requirements?
Yes
In most cases, low-end items that are commercially available do not require export licenses. There are some important exceptions including items containing strong encryption technology or software (e.g., laptop computers, web-enabled cell phones), items that have dual use applications (e.g., high end GPS units), or that are restricted under other regulations or sanctions.
What happens when I obtain or use export controlled information from an outside entity?
Research conducted at UToledo that includes or uses export controlled or restricted information or items obtained from an outside entity does not qualify under the Fundamental Research Exclusion and would be subject to all export controls. Before export controlled information or item is received by the researcher, contact the Office of Research and Sponsored Programs for guidance.
I am working as a consultant overseas; do export controls apply to me? 
Yes
Export controls apply to all U.S. persons, at all times. It is important that you understand and comply with your obligations under export control regulations. If you are consulting in a restricted technology area (e.g., on dual-use technologies or select agent work) then you may need an export license depending on where you are going, what information you are providing, who you are providing it to, and what  they intend to do with it. If the destination or end-user is a foreign national of a sanctioned country (especially Iran, Syria, Cub, Sudan, or North Korea) then in most cases any consulting activities would be prohibited regardless of the subject matter.

For more information see a listing of OFAC Country Sanction programs.
I am on an editorial board of a scientific journal and I have been asked to review a paper from an Iranian author, is this allowed under the OFAC sanctions?
Yes
Under the current federal regulations, Federal Register vol. 72, 50047-50052 - (see section 560.538), all activities normally incident to publishing are allowed with Iranian citizens as long as the Iranian author is not a government official or working on behalf of the government of Iran. Academic and research institutions in Iran and their personnel are not considered governmental employees or representatives for the purposes of the regulations. This would be true for citizens from the other sanctioned countries as well.
Last Updated: 11/8/19