Introduction

If you work inside the U.S. with foreign persons, if you work outside of the U.S., or if you are sending materials or information to persons outside of the U.S., you may be subject to the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR).

It is unlawful to disclose, orally or visually, or transfer Export-Controlled Materials and Information to a foreign person inside or outside the U.S., or to send or take Export-Controlled Materials and Information out of the United States. A foreign person is a person who is not a United States citizen or permanent resident alien of the United States. The law makes no exceptions for foreign graduate students.

In general, "Export-Controlled Materials and Information" means activities, items and information related to the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, operation, modification, demilitarization, destruction, processing or use of items with a capacity for substantial military application utility. It does not matter if the intended use of Export-Controlled Materials and Information is military or civilian in nature.

Researchers may be held personally liable for violations of the ITAR and the EAR. As a result, they should exercise care in using and sharing Export-Controlled Materials and Information with others. For example, PIs should identify whom among proposed research assistants and collaborators are foreign persons. Unless the State Department grants a license authorizing those persons access to Export-Controlled Materials and Information, a prerequisite to accessing it is a security clearance. In the absence of that clearance, PIs should not leave Export-Controlled Materials and Information unattended. They should clearly identify Export-Controlled Materials and Information and make only that number of copies of the material as is absolutely necessary. PIs also must store Export-Controlled Materials and Information in a locked file cabinet or drawer or under password protected computer files. Finally, PIs should avoid moving the information from one location to another.

The penalty for unlawful export and disclosure of Export-Controlled Materials and Information under the ITAR is up to two (2) years imprisonment and/or a fine of one hundred thousand dollars ($100,000), and unlawful export and disclosure of information controlled under the EAR, the greater of (i) a fine of up to one million dollars ($1,000,000) or (ii) five times the value of the exports for a corporation and imprisonment of up to ten years and/or a fine of up to two hundred fifty thousand dollars ($250,000) for an individual.