Export Control Policy
The NDSU Export Controls office is committed to fostering open scientific research and the free exchange of informaiton among scholars while complying with U.S. export control laws.
Export Control Regulations
The U.S. Departments of State, Commerce, and Treasury are the primary administrative branches of the government charged with the implementation and enforcement of export regulations. Each of the Departments is responsible for different areas of the export controls though it is important to note that jurisdiction on some items may be shared by more than one Department.
U.S. Department of State
The Department of State, through the Directorate of Defense Trade Controls (DDTC) administers the International Traffic in Arms Regulations (ITAR) (22 CFR §§120-130). The ITAR governs the export of or information related to military, weapons, and space related items and services (e.g., missiles, satellites, firearms) as enumerated on the U.S. Munitions List (USML).
U.S. Department of Commerce
The Department of Commerce, through the U.S. Bureau of Industry and Security (BIS), administers the Export Administration Regulations (EAR) (15 CFR §§730-774). The EAR controls the export or transfer of “dual use” items. Dual use items are those that have a potential military as well as commercial or civilian application (e.g., GPS units, centrifuges, mapping software). While almost every item located in the U.S. is subject to the EAR, only a very small number of items actually require an export license.
In addition to controlling dual use items, the EAR also prohibits U.S. participation in certain restrictive trade practices and foreign boycotts.
U.S. Department of the Treasury
The Department of the Treasury, through the Office of Foreign Assets Control (OFAC) (31 CFR §§500-599) is responsible for enforcing all U.S. embargoes and sanctions programs. Special care must be taken when dealing with sanctioned and embargoed countries. In some cases, all activities are subject to strict licensing requirements and in many cases, licenses will not be granted.
U.S. Embargoes and Sanction Programs
The export control regulations restrict imports and exports to certain destinations without a U.S. Government authorization or 'license.'
- Embargoed sanctioned countries: Cuba, Iran, North Korea, and Syria.
- prohibit all transactions (including imports and exports) without a license authorization.
- Targeted sanctions prohibit certain exports of items, data, and/or software without a license authorization.
Consult the Office of Foreign Assets Control website for more information.
Penalties for Noncompliance
Fines for non-compliance with export controls are quite severe and can be levied at both the individual as well as the university. In addition to significant monetary fines and lengthy prison sentences, the potential loss of all federal funding and loss of export privileges would be crippling to the university. University personnel may not transfer any items, information, technology or software contrary to U.S. export control laws or the university’s policy on Export Control.
Violations under the EAR can bring civil penalties of $10,000 to $120,000 per violation and criminal penalties of $50,000 to $1 million per violation along with up to 10 years in prison.
Violations under the ITAR can bring civil penalties of $500,000 per violation and criminal penalties of up to $1 million per violation along with up to 20 years in prison.
Violations under OFAC regulations can bring civil penalties of $250,000 per violation and criminal penalties of up to 20 years in prison.