The Office of Export Controls (OEC)will assess situations that appear to require an export license or are eligible for alicense exception/exemption on a case-by-case basis.
On occasion, U.S. export controlsmay restrict the transfer of certain items and information to foreign destinations and/or foreign nationals in the United States. In the context of university research, if a project does not meet the fundamental research exclusion (FRE) it will likely be “subject to export controls” (either the EAR or ITAR), which creates increased implications for compliance. For example, if not FRE, certain foreign nationals may be restricted from participating on the project, and any technology or software that is developed as a result of the research could be export controlled as well.
That is not the end of the analysis, however, as there are processes the U.S. Governmenthas establishedthat providea compliance solution for export controls that would otherwiserestrict the desired activity. These processes include identifying and invoking an export license exception or exemption; and if those options have been exhausted, OEC will assist you in applying for an export license. We will assess situations that appear to require an export license or are eligible for alicense exception/exemption on a case-by-case basis, and work with you to identify the best course of action to facilitate the activities and personnel to achieve your research goals, including actions to ensure the most robust foreign national participation on export-controlled projects.
The processesareas follows:
ExceptionstoLicensing Requirements (EAR)
The following are common export license exceptions that CU 鶹ӰԺ uses to facilitate research in the face of licensing requirements mandated by the Export Administration Regulations (EAR). This is not an exhaustive list, but provides a good example of some of the best tools for the University to leverage:
Exemptions to Licensing Requirements (ITAR)
The following arecommon export license exemptions that CU 鶹ӰԺ uses to facilitate research in the face of licensing requirements mandated by the International Traffick and Arms Regulations (ITAR):
Federal License
If an export license is required, and no exception or exemption can be identified and applied, OEC will assist in pursuing the appropriate license to facilitate your desired actions, whether they be the participation of a foreign national in export-controlled research at the University of Colorado, or the transfer of controlled equipment to the field. This process takes at least a few months, so OEC encourages you to reach out at the first indication that a license may be required.
NOTE: You shouldnotattempt to apply for a federal licenseon your own without help and direct engagement withOEC.