SDSU is committed to complying with U. S. export controls laws and regulations that apply to its activities, including the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), and the Office of Foreign Assets Control (OFAC) regulations. All individuals working at SDSU who work with, or have access to, export-controlled technical data, information, materials, and equipment should be familiar with and fulfill the requirements of the U.S. export controls laws and regulations.

  • Export controls govern the shipment, transmission, or transfer of controlled items, information and software to foreign persons, entities or countries.  U.S. export controls exist to protect the national security and foreign policy interests of this country. 
  • Non-compliance with export controls can result in severe monetary and criminal penalties against both an individual as well as the university, including the loss of research contracts, governmental funding, ability to export items, and even jail time.
  •  Export controls govern the shipment, transmission, or transfer of controlled items, information and software to foreign persons, entities or countries.  U.S. export controls exist to protect the national security and foreign policy interests of this country. 
  • Non-compliance with export controls can result in severe monetary and criminal penalties against both an individual as well as the university, including the loss of research contracts, governmental funding, ability to export items, and even jail time.
  • Determine whether the activity is subject to U.S. jurisdiction
  • Classification of the technology or goods involved
  • Work with researchers to develop Technology Control Plans
  • Determine whether embargoes apply or whether any prohibited parties or destinations are involved
  • Determine if a license is needed for the particular technology and particular end-use and end-user
    • If a license is required, apply promptly. Keep records
  • Determine whether any license exemptions or exceptions are available (e.g., public domain, fundamental research, etc.)
  • Provide customized training on various export control topics
 
  • SDSU faculty and staff must take steps to assure that they do not violate the export regulations and become personally liable for substantial civil and criminal penalties. If you suspect a violation has occurred, contact zhovda@mail.sdsu.edu and a review will be completed and escalated if required.
  • The consequences of violating the EAR and ITAR regulations can be severe and can result in both civil and criminal penalties for the individual and for the institution. 
      • State Department (ITAR)
          • Criminal: up to $1,000,000 per violation, up to 10 years imprisonment
          • Civil: seizure & forfeiture of the articles and any vessel, aircraft or vehicle involved in attempted violation, revocation of exporting privileges, fines of up to $500,000 per violation
      • Commerce Department (EAR)
          • Criminal: $50,000 to $1,000,000 or up to 5 X the value of the export, whichever is greater per violation (range depends on the applicable law), up to 20 years imprisonment
          • Civil: loss of export privileges, fines up to $250,000 per violation or up to twice the value of the export
      • Treasury Department (OFAC)
          • Criminal: up to $1,000,000 per violation, up to 10 years imprisonment
          • Civil: $55,000 to $250,000 fines (depending on applicable law) per violation
  • Penalties apply to each individual violation, which means that if a violation relates to more than one controlled material or item or occurs on more than one occasion, each item or incident may trigger a penalty.
  • If you suspect a violation has occurred contact the SDSU Export Control at zhovda@mail.sdsu.edu