Export Control

Export Controls in research policy statement

The University of Texas at El Paso is committed to full compliance with all applicable U.S. export control laws and regulations, including obtaining any required export license for the transfer of export-controlled materials, data, technology, or equipment to a foreign person either in the U.S. or abroad, and reviewing all activities that involve any type of transaction with a foreign person or entity. Although most UTEP activities are excluded from U.S. export control regulations, some activities essential to the UTEP mission require oversight and management to ensure export control compliance.

The majority of exports do not require government licenses. Only commodities, software, technology that the U.S. Government considers   “subject to the EAR”,  and ITAR-controlled items require licenses. Export-controlled transfers are usually required for one of the following reasons:

• The nature of the export has actual or potential military applications; or it has economic protection issues.
• Government concerns about the destination country, organization, or individual.
• Government concerns about the declared or suspected end use, or the end user of the export.

University research traditionally has been excluded from these regulations through the Fundamental Research Exclusion and the Employee and Educational Exemptions under the Export Administration Regulations (EAR) and/or the International Traffic in Arms Regulations (ITAR). However, university research involving specified technologies controlled under the EAR and/or ITAR, or transactions and exchanges with designated countries, individuals, and entities, may require the university to obtain prior approval from the appropriate agency before allowing non-U.S. persons to participate in controlled research, collaborate with foreign company and/or share research – verbally or in writing – with persons who are not U.S. citizens or permanent residents.

Faculty and other researchers are responsible for:

• Knowing the export compliance classification requirements for the equipment, software, chemicals, materials, and technology they handle or procure.
• Knowing whether the proposed research project will be subject to export control restrictions due to publication or other dissemination or personnel access restrictions.
• Knowing the export compliance classification requirements for university proprietary information they receive under a confidentiality obligation.
• Having an effective security plan to protect export-controlled information in their possession, while taking into account foreign nationals under their invitation, sponsorship or supervision.
• Complying with all export control requirements that apply to physical shipments, including proper shipping permits, etc.
• Identifying export control compliance (including screening for sanctioned or embargoed persons, entities, and countries) prior to foreign travel, sponsoring foreign visitors at UTEP, engaging in research with foreign collaborators, engaging in research sponsored by foreign persons, or conducting research in foreign countries.

All university personnel should be aware of export control compliance but especially those whose work involves, but is not limited to, the following activities:

• Activities or research in controlled areas (e.g., encryption technology, nuclear technology, chemical/biological weapons, select agents and toxins, military technologies).
• Activities involving the international shipping of or traveling with equipment, technology, or software.
• Activities involving teaching and research collaborations with foreign colleagues, or the participation or training of foreign nationals here or abroad.
• Activities involving travel or work outside the U.S.
• Conducting tours with foreign nationals through research areas.
• Conducting research sponsored by any entity that restricts publication or participation by foreign nationals.
• Activities involving the receipt and/or use of export-controlled information or technologies from other parties.

Principal Investigators, faculty, and staff should not automatically assume that the fundamental research exclusion, public domain exclusion and/or educational exclusion apply to their project. The Office of Research Compliance & Regulatory Assurances will assist researchers in assessing the application of such regulations, but primary compliance responsibility rests with the researcher.

You can use the   Sponsored Research Export Control Checklist   to determine whether any aspect of your sponsored research project activities will be subject to export control regulations. The checklist is intended to provide you with a guide to the common issues and where to go for assistance, if needed.

You can also review the UTEP’s   Export Control Compliance SOP    for additional information.

Please feel free to contact the Export Control Officer at   exportcontrol@utep.edu   if you need further assistance or additional information.

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