What is an Export?
An export occurs whenever any item (e.g.. any commodity, software, technology, or equipment) or information is sent from the U.S.. to a foreign destination or provided to a foreign national here (a "deemed export") or abroad.
What are Export Controls?
The term "Export Controls" refers collectively to the body of U.S.. laws and regulations that govern the transfer of certain materials, devices and technical information related to such materials and devices to foreign nationals or foreign entities.
Who is a Foreign National?
A "foreign national" is defined as any natural person who is not a U.S.. citizen, or is not a lawful permanent resident of the U.S.. (i.e.., does not have a green card), or who does not have refugee or asylum status.
What is a Foreign Entity
A "foreign entity" is any corporation, business, or other entity that is not incorporated to do business in the U.S.. This includes international organizations, foreign governments, or any agency of a foreign government.
What is a Dual Use Item?
Items, information, and software that are primarily commercial or civil in nature but also have potential military applications (e.g.., GPS units). Dual use items that are identified on the Export Administration Regulation's Commerce Control List (CCL).
How may I engage in activities that are prohibited under OFAC?
A license is an authorization from OFAC to engage in a transaction that otherwise would be prohibited.
What kinds of activities can trigger the need for an export license?
The following are examples of the types of university activities that may trigger the need for an export license or deemed export license:
- Research in controlled or restricted areas (e.g.., defense items or services, missiles, nuclear technology, satellites, chemical/biological weapons, encryption)
- Research involving the use of export restricted information obtained from external sources
- Research involving collaborations with foreign nationals here at Temple or overseas
- Research involving travel or field work done overseas
- Research involving the transfer or shipment of tangible items or equipment overseas
- Presentations at meetings or conferences of unpublished information not protected under the Fundamental Research or Educational Information exclusions.
How do I know if I need a license?
Determinations for the need of a license are complicated and require the coordination of various Temple University entities and stakeholders. The Office of the Vice President for Research manages this coordination and should be contacted whenever such a determination is to be made.
What is a Technology Control Plan and when do I need one?
A Technology Control Plan (TCP) is a document drafted by the Export Control Officer in collaboration with the researcher specifying procedures that will be taken in order to safeguard and control access to information or items that are export restricted.
Please be advised that the above list of FAQs is not meant to be exhaustive. Should you or the faculty within your school or college have additional questions, which are not addressed herein, please feel free to reach out to us directly by emailing Stephen Nappi.