Ask yourself, do any of these apply to you:
- I need to ship items internationally.
- I will be traveling outside the United States.
- I want or plan to have foreign national(s) participate in the research.
- I want to collaborate with a researcher or institution from outside the United States.
- My project has contractual restrictions on publishing, proprietary information, or foreign national participation.
- I will be receiving nuclear, military, space related information, technical data, equipment, or software.
- I will be researching subjects related to nuclear, chemical, biological, weaponry, missiles, unmanned vehicles, or encryption technologies.
What is an Export?
Any item that is sent from the United States to a foreign destination is an export. "Items" include commodities, software or technology, such as clothing, building materials, circuit boards, automotive parts, blue prints, design plans, retail software packages, and technical information.
How an item is transported outside the United Stated does not matter in determining export license requirements. For example, an item can be sent by regular mail or hand carried on an airplane. An item is also considered an export even if it is leaving the United States temporarily, if it is leaving the United States but is not for sale (e.g. a gift), or if it is going to a wholly-owned U.S. subsidiary in a foreign country. Even a foreign-origin item exported from the United States, transmitted or through the United States, or being returned from the United States to its foreign country of origin is considered an export. Finally, release of country of the foreign national under the EAR: http://www.gpo.gov/bis/ear/ear_data.html.
How to Determine if You Need a Commerce Export License
License requirements are dependant upon an item's technical characteristics, the destination, the end-user, and the end-use. You, as the exporter, must determine whether your export requires a license. When making that determination consider:
- What are you exporting?
- Where are you exporting?
- Who will receive your item?
- What will your item be used for?
Where are You Exporting?
Restrictions vary from country to country. The most restricted destinations are the embargoed countries and those countries designated as supporting terrorist activities, including Cuba, Iran, North Korea, Sudan, and Syria. There are restrictions on some producers, however that are worldwide.
Link to Export Controls Basics
For further information on Export Controls please visit the William & Mary Technology Transfer Office's website.