Virginia Tech fully supports compliance with United States export and sanctions laws. This policy has been enacted to establish, document, and implement procedures needed to ensure that the university, and its employees and students, remain in full compliance with International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), Office of Foreign Assets Control (OFAC) regulations and/or other applicable export control or sanction related regulations.
Policies Governing Compliance with Export and Sanctions Regulations (PDF | 163KB)Official policy for the Office of Sponsored Programs (OSP) regarding export controlled projects. The policy details the responsibilities of researchers, administration and regulatory compliance with export control laws and regulations.
Management of Export Controlled Sponsored Projects PDF
There are three principal sets of regulations that can affect university activities: The Export Administration Regulations, or EAR, the International Traffic in Arms Regulations, or ITAR, and trade sanctions regulations administered by the Office of Foreign Assets Control, that are referred to as OFAC sanctions.
Export Administration Regulations are issued by the United States Department of Commerce, Bureau of Industry and Security (BIS) under laws relating to the control of certain exports, reexports, and activities related to dual use items on the Commerce Control List. Dual use items have predominantly civil applications, but also have military applications. 15 CFR§§ 734-774
International Traffic in Arms Regulations are issued by the Department of State, which has responsibility for the control of the permanent and temporary export and temporary import of defense articles and services. Any item or technical data (these include military and commercial satellite and space related items, equipment, vehicles, instrumentation, software, and materials), designated by the Department of State in the International Traffic in Arms Regulations. 22 CFR §§ 120-130
The Office of Foreign Assets Control regulations are issued by the US Department of the Treasury, which administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries, terrorists, international narcotics traffickers, and those engaged in activities related to the proliferation of weapons of mass destruction. OFAC regulates financial transactions and transfers goods and services of value to sanctioned countries, entities, and individuals. 31 CFR §§ 500-599
The Bureau of Alcohol, Tobacco, and Firearms regulates permanent import of some, but not all, defense articles listed on the U. S. Munitions Import List. This list regulates import of tangible items, and not technical data. However, once controlled technical data or software relating to a defense article on the U.S. Munitions Import List are imported to the United States, they become ITAR-restricted technical data and may not be exported without authorization of the Department of State (ITAR)
The Nuclear Regulatory Commission (NRC) licenses nuclear technology and technical data for nuclear power and special nuclear materials. The NRC licenses the export of electric power to Mexico and Canada and licenses the export of natural gas 10 CFR §110.8, 10 CFR §110.9. The NRC also regulates the imports of nuclear production and utilization facilities, and special nuclear source, and byproduct materials 10 CFR §110.9.a.
The Office of Patents and Trademarks (PTO) has been granted regulatory authority by the Departments of Commerce and State to make commodity jurisdiction and classification determinations for patents submitted to the PTO for approval. When a patent application is received, the PTO coordinates with various other government agencies to determine if there is a need for secrecy over the invention and whether a license is required to export or to file a foreign patent application. For the complete Federal regulations governing patents, trademarks and copyrights, see 37 CFR - Patents, Trademarks, and Copyrights.