|For more than twenty years, the federal government has regulated the export of certain technologies for protection of national security and trade. Export control laws are federal laws passed by Congress, signed by the President, and implemented by several federal agencies. In the post-September 11, 2001 world, our federal government also regards export controls as tools to guard against terrorism. Consequently, enforcement of the laws and regulations has become more vigorous for commercial as well as for academic institutions in the United States.
Universities and colleges are not exempt from these laws and regulations, and compliance is mandatory. Individuals who violate export control laws and regulations are subject to civil and criminal sanctions (including fines and/or prison sentences for individuals) and universities or research institutions are subject to administrative sanctions (monetary fines and loss of research funding and export privileges). Legislation signed into law in 2007 provides for criminal penalties for individuals up to $1 million and 20 years' imprisonment. All university faculty, administrators and staff must understand their obligations under the law and adhere to them.
It is the policy of Florida Atlantic University to pursue its mission in teaching, research and service in a manner that is consistent with the applicable export control laws and regulations while making every reasonable effort to maximize situations whereby the University may claim the benefit of exemptions, discussed below, to these regulations. The purpose of this memorandum and the Definitions/FAQ document is to help FAU faculty, administrators and staff begin to understand the basic requirements of export control laws and to help them determine whether their research and other activities may be subject to these restrictions.
In brief, export control laws and regulations restrict the export of certain items and information (in particular, that with military or dual military/commercial applications) or export to certain destinations (i.e., countries listed as restricted). It is important to note that export controls may apply to any field of science and engineering. In particular, research that involves individuals from abroad or travel to foreign countries is exposed to these restrictions. However, not all university research is constrained by export controls because of the existence of several important exclusions or exemptions:
cc: Provost John Pritchett