International Travel and Export Controls

All members of Fordham University are required to adhere to Export Control regulations when traveling internationally on university business.

When traveling internationally, the following questions should be considered:

1. What is your destination?
2. What activities and interactions are being planned?
3. Who will you meet with?
4. What items are you taking?
5. What information/data will you be sharing?
6. Which U.S. export control regulations apply?

The answers to these questions will help determine screening of restricted parties, whether your items, technology and software can be taken or sent internationally without a license, if an export license needs to be obtained, and reduce the likelihood of a violation of export control and sanction program regulations.

1. Destination

Travel to most destinations poses minimal export compliance risks. If your destination is subject to US embargoes, your travel information should be emailed to [email protected] for review.

Destinations currently subject to the most comprehensive US embargoes include: 

• Cuba, Iran, North Korea, Syria, certain regions of Ukraine.

Countries facing various U.S. sanctions, including trade restrictions include:

• Russia, Sudan, Belarus, Venezuela, Somalia, Lebanon, Libya, the Democratic Republic of Congo, Central African Republic.

2. Activities and Interactions

Depending on what activities and/or interactions you may have impact export controls concerns. Maybe you will be attending/presenting at a conference, visiting multiple organizations, or meeting with others. When presenting research abroad, it is important to ensure that materials are either publicly available or qualify as Fundamental Research. Interactions with individuals or entities on restricted party lists should be avoided. All international fieldwork should be reviewed to ensure compliance with export and sanctions regulations. Please find more information below regarding different common activities and interactions. 

Presenting at an International Conference

Presentations at international conferences are generally acceptable, provided that you do not present any proprietary, unpublished, classified or export controlled data or information. If you plan to present data that has not been previously published, you should contact the Export Control Program to ensure there is no export controlled technical information included in your presentation. It is important to note that sidebar conversations with conference attendees should be limited to information already in the public domain. If the research being discussed in sidebar conversations is not related in any way to technologies on the U.S Munitions List or the Commerce Control List, then there is no risk of an export of technical data taking place via a sidebar conversation, regardless of where that conversation takes place. But if your research is related to a listed technology, then you may NOT talk to foreign colleagues about your work unless the conversation is licensed or otherwise exempt.

If you plan to present at a conference in any of the embargoed countries, please contact [email protected] in advance of your departure to determine whether a license is needed.

Teaching, Training, or Providing Other Services Abroad

If you are teaching abroad, be careful to review your course content to make sure you do not cover areas that may have export control implications, such as encryption and nuclear technology. You also need to make sure you are not exporting ITAR-controlled technical data or EAR-restricted technology.

If you will be providing training or other services to foreign persons in the use of export controlled technology, in particular ITAR-controlled technology, please inform [email protected] prior to your planned trip. Such training could be considered a “defense service” under the Export Control Regulations.

Additionally, please let the Export Control Program know the names of any foreign collaborators and their home institutions so that restricted party screening can be completed prior to your trip.

Conducting Research Abroad

It is important to understand that under the export control regulations, research conducted outside of the U.S. is handled differently than the same research conducted in the U.S. The results of research conducted outside the U.S. may become subject to U.S. export controls when transferred back into the U.S. This means that the results of research conducted internationally could become ITAR-controlled or EAR-controlled when back in the U.S. This could potentially restrict the U.S. researcher who intended to use the results and could require authorization to export again from the U.S. - even back to the researchers who originated the technology. 

Research that falls within the scope of the ITAR is not considered “fundamental research” when it takes place outside of “accredited institutions of higher learning in the U.S.” This means that research conducted by a U-M research team outside of the U.S. could be subject to the ITAR. Research that falls within the scope of the EAR is typically “fundamental research,” even if conducted abroad, unless there are restrictions on publication and/or participation.

If you have questions about the research you plan to conduct abroad, please contact [email protected].  Please also provide with the names of any foreign colleagues associated with the proposed project so that restricted party screening can be completed prior to your trip. It is important that you also include the name of any international entities with which those colleagues are affiliated so that the entity can be screened as well.

3. Who You Will Be Meeting With

It is important to disclose who you will be meeting with on your travel for export control review. This is done by Restricted Party Screening (RPS). RPS is the process of checking government-maintained lists to identify individuals or entities with whom interactions are prohibited to ensure compliance with U.S. regulations. The government lists identify individuals and organizations that are restricted from receiving certain goods, technologies, or services due to national security or foreign policy concerns. 

The names of any foreign collaborators and their home institutions should be provided to [email protected] so that restricted party screening can be completed before your trip.

 

4. Items You Are Taking With You

When traveling out of the United States, everything you take with you is considered an “export,” under U.S. export control regulations. Some of these exports will require an export license from the government. However, in many situations, you will not need an export license because the items or data you are taking are not controlled to your destination or a license exception is available.

Will you be bringing a university owned laptop, mobile phone, tablet, prototypes, samples, equipment, technical data, biologicals, etc?

Do not travel with any of the following items without first obtaining specific advice, as these items may require an export license:

• Devices, systems or software that are not standard, off-the-shelf products generally available to the public
• Devices, systems, or software that are specifically designed or modified for military or space applications
• Data or information received under an obligation of confidentiality
• Data or analyses that result from a project that has restrictions on the dissemination of the research results
• Classified information
• Export controlled information

Additional Resources: 

• Fordham’s Technology Recommendations for Traveling Abroad
• Fordham Employee Equipment Loaner Program

5. Research Data and Information You Will Be Sharing

You may share published, public domain, or Fundamental Research data exempt from many export controls. However, proprietary, restricted, or unpublished data or information must be reviewed before travel and stored only on secure, approved devices. Encryption technologies and devices with encryption software require additional scrutiny to comply with both U.S. export laws and destination-country import regulations.

6. U.S. Export Control Regulations

International Traffic In Arms Regulations (ITAR) Administered by the U.S. Department of State, ITAR governs military, space, and weapons-related items, including technical data listed on the United States Munitions List (USML).

Export Administration Regulations (EAR) Overseen by the U.S. Department of Commerce, EAR regulates "dual-use" items—those with both commercial and military applications—found on the Commerce Control List (CCL).

Office of Foreign Assets Control (OFAC) A division of the U.S. Department of the Treasury, OFAC manages trade and financial transactions with sanctioned countries and entities.

Avoiding Violations! Non-compliance with export control laws can lead to severe penalties, including fines, imprisonment, and loss of federal funding. Early planning and consultation with the OEC can ensure compliance and smooth travel.

Please contact [email protected] with any questions.