Export Control General Information
The U.S. Government regulates exports of sensitive equipment, software, and technology to protect and promote our national security interests and foreign policy objectives. UA Little Rock has instituted several practices in order to meet these rules, regulations, and to remain in compliance with federal objectives. Faculty, staff, and students are required to follow these institutional policies when working in or traveling to a foreign country, as well as when they use or carry university equipment, intellectual property, or any other property regulated under the applicable controls in a foreign country.
Export Control Activities
The UA Little Rock Export Control Officer can assist you in determining issues in the following areas.
Agencies with Oversight of Export Control Laws
Most exports do not require government licenses. However, licenses are required for exports that the U.S. government considers “license controlled.”
The three main agencies with oversight of Export Control Laws are:
The Department of Commerce’s Export Administration Regulations (EAR) which covers [15 CFR 730-774]:
- Dual-use items
- Items designed for commercial purpose, but which could have military applications (computers, civilian aircraft, pathogens)
- Both the goods and the technology
- Deemed exports
- The Commerce Control List
The Department of State’s International Traffic In Arms Regulations (ITAR—also known as the U.S. Munitions List) covers defense-related items and services [22 CFR120-130]:
- Covers military items or defense articles
- Regulates goods and technology designed to kill or defend against death in a military setting
- Includes space-related technology because of application to missile technology
- Includes technical data related to defense articles and services
- The United States Munitions List
The Treasury Department’s Office of Foreign Assets Control (OFAC) administers and enforces economic and trade sanctions that have been imposed against specific countries based on reasons of foreign policy, national security, or international agreements. Full descriptions of all countries currently subject to boycott programs are available here. OFAC covers [31 CFR §§500-599]:
- Regulates the transfer of items/services of value to embargoed nations
- Imposes trade sanctions and trade and travel embargoes aimed at controlling terrorism, drug trafficking, and other illicit activities
- Prohibits payments/providing value to nationals of sanctioned countries and some specified entities/individuals
- May prohibit travel and other activities with embargoed countries and individuals even when exclusions to EAR/ITAR apply.
- OFAC Sanctions – https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information
Export Control Training and Information
- CITI Program – Export Control Training Module
- Export Control Glossary (link to Glossary)
- Export Control FAQ (link to FAQ)
Export Control Training Videos:
- What is an Export, What is a Deemed Export and Why We Have Export Controls (1:33)
- Export Control Laws: Three Core Agencies (3:10)
- Export Controls Compliance (Red Flags) (4:01)
- Intro to Export Control (2:00)
- Identity Theft
- The Insider Threat
- Intellectual Property Protection
- The Key to US Student Safety Overseas
- Privacy Settings for Social Media
- Proactive Behaviors for the University Traveler
- Red Flag Indicators in Export Transactions
- Safety and Security for the Business Professional Traveling Abroad
- Safety and Security for US Students Traveling Abroad
- Traveling Overseas with Mobile Phones, Laptops, PDAs, and Other Electronic Devices
UA Little Rock complies with Export Control regulations. The institution and individuals who fail to comply can face serious consequences. Penalties, either willful or “mistaken” (not conscious of the mistake), could include a steep monetary fine and/or imprisonment. It is imperative for the UA Little Rock community to understand their obligations under these regulations and to work with Export Control prior to entertaining visitors from foreign countries, making international travel plans, hiring foreign nationals, and utilizing equipment and information. Make your best effort to comply and show due diligence in these matters to ensure that you and the university comply with the regulations.
Consequences of Noncompliance
Actual Cases of Noncompliance:
- University Of Arkansas Professor Arrested For Wire Fraud
- Harvard University Professor and Two Chinese Nationals Charged in Three Separate China Related Cases
- Researcher At University Of Tennessee Arrested For Wire Fraud And Making False Statements About Affiliation With A Chinese University
- Former Employee of U.S. Government Contractor in Afghanistan Sentenced to Prison for Accepting $250,000 in Kickbacks from Subcontractor
- The Game of Pawns: The “Game of Pawns: The Glenn Duffie Shriver Story” video dramatizes the incremental steps taken by intelligence officers to recruit Shriver and convince him to apply for jobs with the U.S. State Department and the Central Intelligence Agency.
- Nevernight: Brand new movie, just published – inspired by the case of former CIA officer Kevin Mallory—details the fictional account of a former U.S. Intelligence Community official who was targeted by China via a fake profile on a professional networking site and recruited to turn over classified information before being arrested. The FBI and NCSC seek to raise awareness of this issue and help individuals in the private sector, academic and research communities, and other U.S. government agencies guard against this threat posed by foreign intelligence services.
- The Company Man: As part of a nationwide campaign to raise awareness of the growing economic espionage threat, the FBI has released a short video, “The Company Man: Protecting America’s Secrets.” Based on an actual case, the video illustrates how one company was targeted by foreign actors and what the FBI did to help.