U.S. Export Controls Regulations

GW’s Export Control Policy provides information to enable the GW community to understand Export Controls regulations and the procedures designed to ensure university compliance.

Although many of the university's activities are exempt from export control laws, some activities may be restricted. Members of the university community must understand their obligations under ITAR, EAR and OFAC regulations, and promote compliance with these regulations. Failure to comply with these laws exposes faculty, staff and students as well as the university to severe criminal and civil penalties (fines and prison sentences) as well as administrative sanctions (loss of research funding and export privileges).

The three main agencies that oversee the most widely applied regulations are the Bureau of Industry and Security (Department of Commerce), the Directorate of Defense Trade Controls ( Department of State), and the Office of Foreign Assets Controls ( Department of Treasury) 

International Traffic in Arms Regulations (ITAR) are administered by the U.S. State Department's Directorate of Defense Trade Controls (DDTC), and regulate the export and temporary import of "defense articles" and "defense services",  i.e., items that are inherently military in nature and are classified on the U.S. Munitions List (USML). The ITAR defense articles include all items, software and technical data set forth on the USML as well as any item that was specifically designed, developed, configured, adapted or modified for a military application or is inherently military in character and does not have predominant civil application. Commercial items can also become subject to the ITAR if specially modified for a military application.

Export Administration Regulations (EAR) are administered by the Commerce Department's Bureau of Industry and Security (BIS) and apply to goods, software and technology that have both potential commercial and military applications, the so-called "dual-use" items. These are items that are not subject to the ITAR, i.e., items that are classified on the Commerce Control List (CCL). Like the ITAR, the EAR governs both exports of goods, software and technology from the US as well as deemed exports of technology and software source code to a foreign person in the US.

Office of Foreign Assets Control (OFAC), a branch of the Treasury Department, administers the U.S. economic sanctions, which apply to designated countries, entities, and individuals. The sanctions programs vary in nature (e.g., territorial or "list-based") and scope (e.g., comprehensive or limited) and may restrict a broad range of exports, imports, and other transactions, including providing educational or research services. A current list of OFAC sanctions programs is available here.