Do Export Regulations Apply to Me?

What are Export Control Regulations?

Export Regulations have been around since the mid 1970’s and have been changed and updated ever since. The regulations are administered by the Departments of State, Commerce, Treasury, Energy, Defense, and Homeland Security

U.S. export control laws govern the transfer of controlled Information, Items, and Technologies to foreign countries and foreign persons for national security purposes. The regulations also seek to further U.S. foreign policy through the administration of trade/economic sanctions. In short, export control regulations can control everything from technology and data to economic transactions and business partnerships

How can an Export Occur?

Physically sending export controlled items to a foreign country

Transmitting export controlled information or software electronically or digitally to a foreign country or foreign person

Use of export controlled technology on behalf or for the benefit of a foreign person or foreign country

Deemed Export -- Disclosure or transfer of export controlled items [including technology and information] to a foreign entity or individual within the U.S. is deemed to be an export to the home country of the foreign person

  • May occur by such means as:
    • Tours of laboratories
    • Involvement of foreign persons in the research
    • Oral exchanges, emails, or visual inspection
    • Hosting a foreign researcher

Who Can Have Access to Export Controlled Technology/Information?

U.S. Persons may have unrestricted access, for the purpose of export control regulations, to export controlled technology/information.

A U.S. Person is a U.S. Citizen, Green Card Holder, Asylee or Refugee Designations, Incorporated to do business in the U.S.

A Foreign Person may not be able to have access to export controlled technology or information. VCU’s Export Compliance Office should be consulted before granting access or sharing export controlled technology or data with a foreign national or foreign entity.

A Foreign Person is any U.S. Person effectively owned or controlled by a foreign interest, foreign businesses not incorporated in the U.S., individuals holding a work or student visa (F1, J1, H1B)

Additional Forms and Information:

Is My Work Controlled Decision Tree
This decision tree is designed to help you decide whether your research is subject to export controls and requires further review.

Research Self-Assessment
This tool asks you specific questions about your research to help you decide if you should contact the Export Compliance Office for further guidance.

Export Control Red Flags
This is a list of events or circumstances that should cause you to think twice about export control issues and contact the Export Compliance Office for more information.

EAR License Decision Tree
If an item is export controlled that is not the end of the road. This chart shows the steps necessary to decide if you need to seek a specific license from the Commerce Department for the export of your technology or information.