Office of the General Counsel
What are controlled goods?
Controlled goods refer to a good or technology on one of several lists maintained by the US government that detail items that are subject to export control laws. Technical information developed for military or space applications is controlled by the International Traffic in Arms Regulations (ITAR), and goods subject to ITAR can be found on the US Munitions List (USML). The US Export Commodity Control List has the most comprehensive list of controlled goods. If you have a question about whether a certain good or piece of information is subject to export controls, the easiest way to check is to contact Creighton’s Export Controls representative.
What countries should I be worried about?
Exports to Cuba, Iran, North Korea, Syria and Sudan automatically require a license from the government. The highest risk countries for export controls are currently Belarus, Burma, Congo, Cuba, Iran, Iraq, Ivory Coast, Liberia, Libya, North Korea, Somalia, Sudan, Syria and Zimbabwe. Other high risk countries include Afghanistan, China, Cyprus, Eritrea, Fiji, Haiti, Lebanon, Palestinian Authority / Hamas, Sri Lanka, Vietnam, Venezuela and Yemen. This is a general list, and should not be relied upon as a guarantee that a non-listed country is not a concern.
Physical Exports of Goods
The movement of any goods outside of the United States is considered an export, and includes goods accompanying a traveler visiting overseas. Exports valued at $2500 or greater must be reported to the US government, regardless of whether an export license is required.
Deemed Exports
Providing controlled goods or technology to a foreign national, or to an employee of a foreign company, is considered to be an export to the foreign national’s country of citizenship, regardless of whether the goods are provided in the US or abroad. This type of deemed export includes situations where data is shared at a presentation where foreign nationals are present, demonstration of the use or manufacture of a controlled good to a foreign national, emailing controlled information to a foreign national, or providing a controlled good to an intermediary with the intention that it be delivered to a foreign national.
Exclusions and Exemptions
There are a few exclusions and exemptions that prevent items from being subject to export control regulations even though they meet the criteria. First, fundamental research is excluded. This means that basic or applied research at an accredited institution of higher learning that is ordinarily published and shared with the scientific community is generally not subject to export controls. Export control regulations also do not apply to information released in academic catalog-listed courses or labs, or to information that is already in the public domain.
The fundamental research exclusion only applies to the results of research. A sponsor may wish to provide controlled information to a Creighton researcher as part of a project. In these circumstances, it is important to establish a technology control plan so that the sponsor’s controlled information is not unintentionaly disseminated. If the sponsored research contract refers in any manner to the sponsor providing export controlled goods or information, or anything that is subject to ITAR, EAR, ECCN or USML, it is important to contact Creighton's export control official to make sure an appropriate plan is implemented.
[SM1]Hyperlink to www.pmddtc.state.gov/regulations_laws/itar.html
[SM3]Hyperlink to www.bis.doc.gov/index.php/regulations
