Export Control
The UTRGV's policy is to fully comply with all applicable laws, regulations and contractual requirements related to export controls. This includes, but not limited to the Export Administration Regulations (EAR) administered by the Department of Commerce, the International Traffic in Arms Regulations (ITAR), administered by the Department of State and the Office of Foreign Assets Control (OFAC) administered by the Department of Treasury. The successful implementation of the university policy requires compliance by each member of the university community.
Export laws specifically regulate the distribution of strategically important technology, services and information to foreign nationals and foreign countries to protect national security, foreign policy, and national economic goals. These laws apply to sponsored research projects, international shipping and international collaborations.
For further details, please refer to UTRGV Mgt. Commitment to Export Compliance 12/7/2020
What is an export?
- Any transfer or transmission via oral, written, electronic or visual disclosure and shipment of controlled commodities, technology (information, technical data, or assistance) or software/codes outside the United States to anyone, including U.S. citizens.
- Any transfer or transmission via oral, written, electronic or visual disclosure, to any person or entity of a controlled commodities, technology or software/codes with the intention to transfer it to a non-U.S. entity or individual, regardless of where they are located including a foreign student, a visiting scholar, or other colleagues at UTRGV.
- Any transfer of these items or information to a foreign embassy or affiliate also constitutes export.
An export license will be required before export-controlled items or information can be shared abroad or on campus, with foreign nationals who may be participating or collaborating on restricted research projects. For example, the following activities may be restricted:
- Foreign scholars and students to participate in research at UTRGV, that is restricted by export-control regulation;
- Any disclosure or discussion by the UTRGV researchers of previously unpublished research at conferences and meetings where foreign nationals are in attendance;
- UTRGV researchers are also restricted to engage in collaborations with foreign researchers, including teaching foreign collaborators on how to use export-controlled items in research; and
- The transfer of research equipment abroad is also restricted.
In general, most of the research conducted at universities is not subject to export controls, either because the research does not involve export-controlled items or data, or because research involving such items or data is excluded from these regulations.
Typically there are two exclusions that are relevant to the research conducted at universities: the fundamental research and the public domain exclusions. However; these exclusions will not apply, if researchers sign agreements such as material transfer and non-disclosure agreements that contain restrictions on publications or who can participate in the research. UTRGV researchers/faculty should not sign any agreements that relate to export controls, or that contain any language that imposes restrictions on publications or who can participate in the research without first consulting with the Office of Research and/or the Office of Research Compliance.
It is essential that we are careful while negotiating and accepting research projects that may be subject to restrictions under export controls. UTRGV reserves the right to decline or terminate the agreement if the sponsor imposes restrictions that are considered unreasonable as they relate to the publication of data and access to, or the participation, in the research by foreign nationals. Any agreement which requires that the technical data resulting from the project shall be subject to export control and/or it requires sponsor approval related to the hiring of foreign nationals, it must be evaluated on a case by case basis by UTRGV.