Export Control Policy
Export control laws are a complex set of federal regulations designed to protect United States (U.S.) national security; prevent the proliferation of weapons of mass destruction; further U.S. foreign policy, including the support of international agreements, human rights, and regional stability; and maintain U.S. economic competitiveness. Export control regulations (ECR) govern how information, technologies, and commodities can be transmitted overseas to anyone, including U.S. citizens, or to foreign nationals in the United States. In addition to controlling exports to countries or individuals who are citizens of, or located in, those countries, the export control regulations ban exports to individuals and companies that have been involved in terrorist or drug trafficking activities as well as those who are barred from conducting exports because of previous violations of the export control laws.
The purpose of this policy is to make college personnel aware of export controls, identify corresponding responsibilities and establish conditions under which the Office of Sponsored Programs must be consulted.
It is Davidson College policy to fully comply with all applicable United States export control laws, regulations, and policies.
ECR Exclusions - A vast majority of scholarly work conducted by Davidson faculty and students is exempt from export control concerns under the Fundamental Research Exemption (FRE) of the Export Administration Regulations (EAR) implemented by the Department of Commerce. The EAR covers the export of dual-use (civilian and military) items and technologies.
Other export control regulations include:
- International Traffic in Arms Regulations (ITAR) implemented by the Department of State. ITAR covers the export of military and defense-related items, technologies and services;
- Department of Treasury, Office of Foreign Assets Control (OFAC) policies and regulations. OFAC regulations address country-specific controls, including economic and trade sanctions and embargoes, as well as restrictive controls with respect to specific entities and individuals. Travel and the transfer of funds, services, and items to certain countries and a designated list of entities and individuals are subject to OFAC regulations.
ECR Impact - Activities which may not be exempt and require compliance (export license), include but are not limited to:
- Foreign travel with Davidson College technology;
- Foreign travel with research data not intended for publication;
- Acceptance of a research agreement requiring confidentiality or publication restrictions;
- Procurement of equipment or technical specifications, with potential military or aerospace application;
- Sending commodities, software, technology and information outside of the United States.
It is the responsibility of grant-funded faculty to use the ECR Decision Tree (PDF) to determine if their research qualifies as exempt under export control regulations and, if needed, to contact the Office of Sponsored Programs for risk assessment, licensing review and other grants research questions.
Administration of Policy
The Director of Sponsored Programs shall oversee this policy and review it at least once every two years. Changes to this policy shall be made in accordance with the college’s Policy on Policies.
Adopted: September 25, 2015
Last Revised: May 6, 2017
Last Reviewed: November 4, 2019