Georgia Tech Export Control and Embargoes FAQs

1. Export Controls, Why do they apply to me?

2. How will I know if I'm exporting information or technology?

3. What do I do if I am exporting information or technology?

4. Who can I ask for Assistance with export controls? Who do I contact to pursue an export control license?

5. What activities should I avoid?

6. Are there examples of how other universities deal with export controls?

7. How long does it take to get an export control license?

8. What's a "deemed export?"

9. A PI completes a routing sheet for a delivery order that will be classified.  Since the delivery order will be classified, isn't it a given that the delivery order will contain restrictions on the use of Foreign Nationals?  Shouldn’t all classified awards (contracts, delivery orders, task orders, etc.) go through export review?

1. Export Controls, Why do they apply to me?

Exports include:

• The transfer of controlled physical items, such as equipment, to foreign countries or foreign nationals in the US or abroad;
• Transfer or disclosure of information or technical data (e.g. visual disclosure through observation) to foreign countries or foreign nationals in the US (“deemed export”) or abroad;
• And provision of services outside the US or to entities outside the US.

Laws and policies apply to items, including software, supercomputers, “dual-use” commodities, technologies, as well as information, transferred to anyone outside the US or to a foreign person in the US. Export licenses are required in certain instances. Non-research and research transactions may be included under these jurisdictions. Violation of export rules can result in severe penalties for the individual and the entity. Regulations of particular relevance to export controls include:

• State Department, Directorate of Defense Trade Controls - Introduction to International Traffic in Arms Regulation (ITAR), US Munitions List
• Commerce Department, Bureau of Industry and Security - Introduction to Export Administration Regulations (EAR), Commerce Control List
• Treasury Department, Office of Foreign Assets Control (OFAC)

In Research Activities - When US universities undertake basic or applied research on campus in the United States, the results of which will ordinarily be published (and which are not treated as proprietary), the research results, i.e. information, may be excluded from certain export control provisions.

  • This exclusion may apply to collaborations with researchers from other countries when the research is conducted in the United States.

  • However, research conducted with non-US collaborators outside the United States may require a license prior to undertaking the activity, including transfer of information sufficient to develop research proposals.

  • A “deemed export” may occur in research conducted in the United States if a visiting scholar or foreign student participates and the research is not covered by the fundamental research exclusion. An export license must be obtained prior to any deemed export.

In Education Activities - Public domain exemption to export controls may allow the use of already published materials to convey information in the classroom abroad, but only if the course is listed in the course catalogue.

In Travel Activities - In addition to reviewing the US State Department’s warnings and travel restrictions, travelers should be mindful of export restrictions. Many computers must be kept in your possession 24/7; equipment must be screened by GIT’s Office of Research Security; presentations must be cleared by GIT’s Office of Legal Affairs, unless the presentations are exclusively about previously published work or presented at conferences that are open to the public.

2. How will I know if I'm exporting information or technology?

Does the activity involve:

• A foreign company whether the activity is conducted here or abroad?
• A foreign national (person who is not a U.S. citizen or Green Card holder)?
• A foreign government sponsor whether the activity is conducted here or abroad?
• A U.S. government contract with a restriction on participation by foreign nationals or other restriction?
• A contract with a U.S. company or the U.S. government that has a publication restriction or an associated NDA or proprietary rights agreement?
• Taking equipment over seas?
• Foreign nationals (faculty, post-docs, students, visiting scholars, collaborators, etc) using equipment on the GIT campus?

If you answered YES to any of the questions above, contact the Office of Legal Affairs via e-mail or phone (404.894.4812)

3. What do I do if I am exporting information or technology?

DO NOT engage in the activity until Georgia Tech has determined that the activity is not subject to export controls or, if it is, until a license has been obtained.

An export review form is provided on this website. Submit the completed form to the Office of Legal Affairs. If you have questions contact asklegal@gatech.edu

4. Who can I ask for Assistance with export controls? Who do I contact to pursue an export control license?

5. What activities should I avoid?

• Discussing non-public domain technology with foreign companies and foreign nationals without having an export review done.
• Taking controlled technology overseas without having an export review done.
• Taking foreign nationals on lab tours without discussing with OLA first.

6. Are there examples of how other universities deal with export controls?