Section VI - Export Control Procedures

Commitment to Export Control Compliance

It is the policy of The University of Texas at El Paso that instruction, research, and services will be accomplished openly and without prohibitions on the publication and dissemination of the results of academic and research activities.

Federal regulations promulgated and enforced by the Department of Commerce, Export Administration Regulations (EAR), and the Department of State, International Traffic in Arms Regulations (ITAR), prohibit the unlicensed export of specific technologies for reasons of national security or protection of trade. If university research involves such specified technologies, the EAR and/or ITAR may require the university to obtain prior approval from Department of State or Department of Commerce, before allowing foreign nationals to participate in the research, partnering with a foreign company and/or sharing research – verbally or in writing – with persons who are not United States citizens or permanent resident aliens.

Export control regulations have the potential to harm the quality of university research, undermine publication rights, and prohibit international collaboration, if the dissemination of university research is not placed in the public domain and does not qualify for the fundamental research exclusion. The consequences of violating these regulations can be severe, ranging from loss of research contracts to monetary penalties to jail time for the individual violating these regulations.

The Office of Research Compliance and Regulatory Assurances (ORCRA) is responsible for helping the UTEP community understand and comply with the export control laws and apply for an export license when necessary. Please see UTEP Export Control for additional information. Questions regarding export control laws or procedures for compliance at UTEP may be addressed to Dr. Victor M. Manjarrez, Jr., Export Control Officer at (915) 747-7812 or exportcontrol@utep.edu.

Roles and Responsibilities for Export Controls at UTEP

The roles and responsibilities for ensuring compliance with export control laws at UTEP are included in the Handbook of Operating Procedures (HOOP) Section IV, Chapter 9 – Policy for Compliance with U.S. Export Control Regulations. While it is the responsibility of senior university management and senior school administrators to ensure the existence of adequate resources and management support to comply with the export control regulations and to resolve identified export control issues, the discussion below focuses on other key actors in export compliance at UTEP.

Empowered Officials

The Vice President for the Research & Innovation is the UTEP Empowered Official for all export control matters. In this capacity, the Empowered Official has the authority to represent the university before the export control regulators in matters related to registration, licensing, commodity jurisdiction, classification requests, and voluntary or directed disclosures. While certain oversight functions may be delegated, only the Empowered Official may sign paperwork and bind the university in any proceeding before DDTC, BIS, OFAC, or any other government agency with export control responsibilities.

Office of Research Compliance and Regulatory Assurances (ORCRA)

Responsibilities:

• Monitors and implements export control policies and maintains associated records as required.
• Monitors and interprets export control regulations.
• Provides assistance to researchers, staff, students, and partners in all export control related matters including, but not limited to: training; licensing applications; classification of technology; Technology Control Plans; Data Management Plans; and restricted party screenings.
• Reviews grant proposals, sponsored program awards and research contracts.
• Reviews and classifies controlled technology.
• Advises faculty members on travel-related export control requirements, conducting research abroad, and international collaborations.
• Assists departments in screening non-U.S. persons and entities against appropriate restricted party lists.
• Applies for export licenses, commodity jurisdictions, and classification requests.
• Conducts periodic audits of export control processes and activities to proactively manage compliance.
• Documents and follows up on all export control reviews and determinations.

Office of Sponsored Projects (OSP)

Responsibilities:

• Provides assistance to researchers in reviewing terms of sponsored program research projects and activities, to identify/negotiate any potential export control language or issues at the pre- and post-award stage.
• Informs researchers and ORCRA of projects with export control restrictions (e.g., restrictions to publication or release, limitations for the participation of non-U.S. persons, acceptance of company/sponsor proprietary information), or projects that are ambiguous and require further analysis (e.g., physical exports of materials, projects with a military application).
• In consultation with researchers, discusses and explores potential export control requirements with the sponsor’s program or technical administrators in proposal preparation, negotiation, or reporting requirements, and informs them of federal regulations and the university’s export control procedures.
• Communicates with ORCRA about any changes in projects that require review for export controls.

Office of Contracts and Agreements

Responsibilities:

• Reviews terms of sponsored research contracts, material transfer agreements and other research-related agreements to identify potential export control issues (e.g., restrictions on publication; required or restricted dissemination of research results; references to U.S. export regulations beyond a mere statement to comply with the law; acceptance of company/sponsor proprietary information.
• Informs researchers and ORCRA of potential export control issues, or issues that are ambiguous and require further determination (e.g., physical exports of materials, projects with a military application).
• Negotiates language in sponsor agreements with the sponsor and consults ORCRA if problematic terms cannot be removed.

Departments, Centers, and Colleges

Responsibilities:

• Oversees export compliance within their areas of administrative responsibility.
• Identifies export control requirements related to the activities and follows procedures outlined in UTEP Export Control  (e.g., Certification of Temporary Export Form, Export Control Related Activity Assessment Form, Technology Control Plans.
• Assists ORCRA in all export control matters (e.g., information and purpose of technology or equipment being shipped, screening and management plan for international visitors with UTEP or non-UTEP visa sponsorship, materials being shipped to UTEP from overseas, purpose of travel, type of service provided by a vendor).
• Discloses promptly (as soon as knowledge is obtained) any violation or potential violation of the EAR/ITAR/OFAC regulations.

UTEP Personnel (Researchers and Principal Investigators)

Responsibilities:

• Understands his/her obligations and becomes familiar with the U.S. export control laws and regulations (e.g., deemed export rules, purchases, international shipments, international collaborations/travels, foreign national visitors, company proprietary/confidential information) while maintaining an open research environment that welcomes the participation of researchers around the world.
• Identifies export control requirements related to research activities and follows procedures outlined in UTEP Export Control (e.g., Certification of Temporary Export Form, Export Control Related Activity Assessment Form, Technology Control Plans).
• Safeguards any technology, technical data or information identified as export-controlled, confidential, restricted, proprietary, or sensitive (e.g., Sensitive but Unclassified (SBU), For Official Use Only (FOUO)).

Export Control Committee (ECC)

Responsibilities:

• Reviewing issues brought to the ECC for discussion, as needed.
• Setting institutional Export Control policies and procedures.
• Recommending program priorities (training, etc.).
• Monitoring the Export Control Program for regulatory compliance.

Last Revision May 16, 2025