Research & Export Controls
What Are Export Control Laws?
Export control laws are U.S. regulations that govern the transfer of strategically important technology, services, and information to foreign countries and foreign nationals for reasons of national security and foreign policy. These laws apply to all university activities—not just sponsored research.
How Can Export Controls Affect My Research?
Certain activities may require an export license, including but not limited to:
- Shipping or transferring items outside the United States
- Sharing controlled items, data, or technical information with a foreign national—even within the U.S. (a “deemed export”)
- Involvement of foreign national faculty, staff, or students in affected research
- Presenting or discussing unpublished research at conferences or meetings attended by foreign nationals
- International research collaborations or technical exchange programs
- Sending research equipment or materials abroad
- Hosting foreign national scholars or visitors in your laboratory
Are There Exclusions?
Yes. Two exclusions are especially important in academic research:
- Fundamental Research Exclusion — Research intended for publication and broad dissemination
- Public Domain Exclusion — Information already publicly available
However, these exclusions can be lost if you enter into agreements that restrict publication or limit who may participate in the research. This commonly occurs in:
- Material Transfer Agreements (MTAs)
- Non-Disclosure Agreements (NDAs)
- Sponsored research agreements with restrictive clauses
Do not sign agreements that include export control language or research restrictions on your own. University review is required.
What Happens if Export Control Laws Are Violated?
Noncompliance carries serious consequences for both the university and the individual researcher, including:
- Significant monetary fines
- Loss of research privileges
- Criminal penalties, including possible prison sentences
What Types of Projects Raise Export Control Concerns?
Research may be subject to export controls if it involves exporting—or sharing with foreign nationals—controlled goods, technology, software, or technical data. This includes items that are Dual use (commercial applications with potential military use), or Military in nature.
Commonly Affected Research Areas
- Engineering
- Geological surveying
- Space sciences
- Computer science
- Biomedical laser research
- Encrypted software research
- Controlled chemicals, biological agents, and toxins
Helpful Questions to Consider
- What are the nationalities of all project personnel, including faculty, students and collaborators?
- Will the research results be publicly available?
- Are there restrictions on publication, access, or dissemination?
- Will you receive proprietary or restricted information?
- Is any part of the research conducted with a foreign entity (company, government, or individual)?
- How will the research results be used by end users?
Where can I get help?
If you have questions about how export control regulations may apply to any stage of your research project, please contact the Research Protections Office at rpo@callutheran.edu.