- What are Export Controls?
- Activities that May Be Subject to Export Controls
- Am I Subject to Export Control?
- Process Flow
- How to comply
- Training Requirements & FAQs
- Where to get assistance
For details on the above content there are active links throughout the website.
What are Export Controls?
Federal law regulates and controls the export of certain commodities, technology, data, and software. For reasons of national security, foreign policy, and competitive trade the University of Texas at El Paso (UTEP) and all its employees are required to comply with applicable export control laws and regulations, as per UTEP policy
- The U.S. Department of Commerce: Bureau of Industry and Security (BIS) implements Export Administration Regulations (EAR).
- EAR regulates the export, reexport and transfer of items (commodity, software, or technology) on the Commerce Control List.
- The U.S. Department of State: The Directorate of Defense Trade Controls (DDTC) administers International Traffic in Arms Regulations (ITAR).
- ITAR regulates access to items on the United States Munitions List (USML)
- The U.S. Department of Treasury: Office of Foreign Assets Control (OFAC)
- OFAC enforces economic and trade sanctions against specific foreign countries that pose a threat to foreign policy, national security, international agreements, or the economy of the United States.
For reference a list of Export Control Acronyms is available.
Activities that May Be Subject to Export Controls
If you are planning on conducting any of the following activities, immediately contact the Export Control Officer at firstname.lastname@example.org
- Shipping or Carrying Restricted Data, Software, Hardware or Materials Outside of the USA
- International Travel to Sanctioned Countries
- Restricted Research and Development
- Publishing Information Subject to "Export Control" Regulations
- Employing or Training Foreign Nationals on Restricted Topics or in Foreign Locations
- Entering into International Agreements
Am I Subject to Export Controls
This interactive decision tree was developed to help you identify if your award is subject to Export Controls, and depending on the outcome, at which point you should reach out to the Export Control Officer for guidance or assistance.
If you believe your award may be subject to Export Controls, contact the Export Control Officer at email@example.com to initiate the review process.
An award with Export Control language follows the general process outlined below:
- When an award has language that indicates Export Control (EC) restrictions, ORSP initiates review process via the Export Control Portal (ECP).
- The Principal Investigator (PI) is notified of such restrictions and provides additional information (PI Technical Review) via the ECP, if needed.
- If the award is determined to be not subject to Export Control the PI is informed that no further action is needed and the award is documented as released in the ECP.
- Otherwise, if the award is subject to Export Controls, a Technology Control Plan is required to be submitted by the PI.
- For a project deemed subject to Export Controls, access to funds will be dependent on completion of the PI Technical Review, TCP, and training requirements.
- PI generates a Technology Control Plan (TCP) via ECP and submits to Export Control Officer (ECO) for review. Revisions may be requested until plan meets EC requirements.
- An approved TCP is documented in the ECP.
- Annual review occurs to ensure compliance with laws and regulations as research develops.
How to Comply
Any PI with an award subject to Export Controls can ensure compliance by:
- Submitting the required Technology Control Plan. It is the responsibility of the PI to follow the safeguards outlined in the TCP for a compliant work environment.
- Ensuring all team members funded by and/or working on the EC project are properly trained.
- Working with the ECO to apply for an Export Control license, if needed.
- Contacting the ECO to disclose any changes or events.
Training Requirements & FAQ's
All faculty, students, and staff working on and/or funded from an award subject to Export Control must complete (with a grade of 80% or higher) the Export Control training course available via CITI Program at https://about.citiprogram.org/
Completion of the training will yield a certificate valid for 3 years. Trainees involved in projects subject to Export Control are required to keep a current training certificate through the duration of the award. Any instances of noncompliance will be reported to the individual’s supervisor for action.
Export Control Training FAQ'sWhere can I complete the Export Control training?
How do you register for the CITI Training?
Which Participating Institution should I select as a New User?
Why am I required to take the EC training?
How do I know what learner group to choose?
Can I complete the training in several sessions?
How often do I need to take the EC training course?
How do I recover my username and password?
Is training from another institution accepted/valid at UTEP?
How can I obtain a copy of my completion certificate?
Log in with your CITI credentials, and on the front page (Main Menu), under Completion Reports, you will find the option to “Print”.
Where do I go to access more help and support with the CITI web application?
Can I use my personal email address to register in the CITI website?
Who can I contact if I have questions regarding Export Control training?
Under the Export Control Reform Act (ERCA) of 2018 (50 U.S.C. §§ 4801-4852), violation of Export Control regulations may result in both criminal and administrative penalties. Criminal penalties include up to 20 years of imprisonment and/or up to $1 million in fines per violation. Administrative penalties can reach up to $300,000 per violation. Violators may also be denied the privilege to export, receive, and participate in exports from the United States
Where to get assistance
If you have any questions regarding Export Controls or the application of Export Control regulations to a research award, please contact the Export Control Officer at firstname.lastname@example.org or call 915-747-5680
- UTEP Export Control Policy (Handbook of Operating Procedures)
- UT System Policy 173
- Technology Support for Export Control