Frequently Asked Questions

What are export controls?

• Export controls are federal laws and regulations that govern the shipment, transmission, or transfer of export controlled items, information and software to foreign persons, entities or countries.

• Export controls can affect international travel, collaborations, shipping, and research

• Are my international collaborations subject to export controls?

• Maybe. While most international collaborations are exempt from export regulations,

  some may have restrictions that could trigger export control issues. These may include:

  • Publication Restrictions

    • Are you being asked to withhold publication, or being required to ask for approval prior to publication? If yes, this may subject your research to export controls and should be reviewed

  • Non-disclosure agreements (NDAs) or confidentiality agreements can be subject to export controls, as they may involve the transfer of export controlled information and may restrict your ability to publish.   

  • Sanctioned Countries and Restricted People/Entities

    • Collaborations with persons/entities from sanctioned countries (e.g. Cuba, Iran, North Korea, Syria and the Crimea Region of the Ukraine) can provide some additional challenges and may require licenses. These should always be reviewed by export control.

      • Licenses from the Office of Foreign Assets Control (OFAC) can take several months to obtain so please plan accordingly

    • Some people and/or entities may be on a restricted party list, and should be run through Restricted Party Screening (RPS) to ensure that we are not doing business with a denied person/entity
      o Maybe. Here are 3 key issues to consider
       Sanctioned Countries (e.g. Cuba, Iran, North Korea, Syria, or the Crimea Region
      of the Ukraine)
      • Any travel to a sanctioned country should be reviewed by Export
      Control, regardless of what you are bringing with you

Are my international travel plans subject to export controls?

• Maybe. Here are 3 key issues to consider 

  • Sanctioned Countries (e.g. Cuba, Iran, North Korea, Syria, or the Crimea Region of the Ukraine)

    • Any travel to a sanctioned country should be reviewed by Export Control, regardless of what you are bringing with you 

  • Collaborators

    • Who are you working with? Some people and/or entities may be on a restricted party list, and should be run through Restricted Party Screening (RPS) to ensure that we are not doing business with a denied person/entity.     

  • Equipment and Controlled Information

    • Are you bringing any SDSU or SDSURF owned equipment or any controlled information with you? 

      • If yes, contact Export Control for a review. Any international travel with equipment or controlled information is potentially an export.  This includes your laptop, as it can contain controlled information or software.   

• What are some red flags to look out for in my research and collaborations?  

  • Publication Restrictions

    • Are you being asked to withhold publication, or being required to ask for approval prior to publication?

      •   If yes, this may subject your research to export controls and should be reviewed 

  • Nondisclosure Agreements

    • Information that is expected to be held as confidential can be subject to export controls.  That is why you should always find out before signing an NDA if any export controlled information might be involved   

  • Foreign National Restrictions

    • Is your award restricting foreign persons or certain foreign nationals from participating?

      • If yes, then contact export control for a review  

  • Sensitive or controlled information provided to you (e.g. information marked as ‘controlled’). 

    • If your sponsor/collaborator is going to be providing you with controlled information, export control can help you determine what security measures need to be put in place to protect that information properly 

• Are my international shipments subject to export control regulations?

  • Yes, all international shipments are subject to export control regulations and may require special documentation or licenses (e.g. any international shipment of items over $2500 in value requires a filing to the US Census Bureau) 

    • Licenses from the Department of Commerce (DOC) and Department of State (DOS) can take several weeks to obtain so please plan accordingly

    • All shipments to China, Russia and Venezuela will require a filing to the US Census Bureau regardless of value