EAR and ITAR control the export of certain commodities, software, technical data, and certain other information to foreign countries. They can restrict the furnishing of information, technical data, and software to foreign persons, either abroad or in the United States.
In the university context, these regulations can prohibit foreign persons from participating in research projects or having access to information resulting from research under some circumstances unless an export license has been obtained in advance.
While most university activities are not governed by EAR or ITAR, where these rules do apply they must be followed. Punishment for violations can be severe and may include fines, imprisonment, or both, as well as revocation of exporting privileges. Penalties apply to both the institution and the researcher.
Export Administration Regulations (EAR)
Primarily control the export of dual-use technologies—for example, items that are used, or have the potential to be used, for military as well as non-military purposes—if such export could adversely affect the national interests of the United States. Items regulated include those on the Commerce Control List (CCL).
International Traffic in Arms Regulations (ITAR)
Controls items, services, and information designed or intended for use in defense applications. Items regulated include those on the United States Munitions List and the Missile Technology Control Regime (MTCR) Annex. ITAR is administered by the U.S. Department of State. In the Code of Federal Regulations, see 22 CFR Parts 120-130.
Office of Foreign Assets Control (OFAC)
Administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals. Administered by the U.S. Department of the Treasury, the Office of Foreign Assets Control (OFAC) publishes several sanctions lists. OFAC regulations can be found in the Code of Federal Regulations: 31 CFR Parts 500-599.