The Department of Commerce's Export Administration Regulations (EAR) and the Department of State's International Traffic in Arms Regulations (ITAR) restrict the export of certain technology or technical data, such as military applications (regulated by ITAR) or commercial applications that may also have value in a military context (regulated by EAR), overseas and to foreign nationals working in or visiting the United States. In some circumstances, the College may be required to obtain prior approval from the appropriate agency before allowing foreign nationals to participate in research, collaborate with a foreign company, or share research results with foreign nationals. The Treasury Department's Office of Foreign Assets Control (OFAC) regulates trade embargoes, sanctions, and travel restrictions and restricts exportation of information and research articles to embargoed entities and persons.
Aside from direct exporting of information and technology to foreign countries Dartmouth researchers are most likely to come into contact with export regulations when receiving confidential information from a sponsor or collaborator. Confidential information created at Dartmouth may also be subject to export restrictions that prevent disclosures to foreign nationals studying or working at Dartmouth. The fundamental research exemption from export controls does not apply to confidential information because such information is excluded from the public domain. Consequently, anytime a researcher accepts or creates confidential information in the fields of research subject to controls (see the documents above), we must undertake two steps to keep Dartmouth within the law.
We must determine whether the confidential information is subject to export controls. This task involves the researcher and the Office of Sponsored Projects. All confidentiality agreements reviewed by Dartmouth normally includes a clause that requires the disclosing party to identify export controlled information before disclosure.
If the information is subject to controls, the researcher in consultation with the Office of Sponsored Projects must determine the impact of the controlled information on the research team and decide the feasibility of “walling-in” access to the information. We must consider the costs and benefits of seeking licenses for foreign nationals versus preventing their access to the information before accepting the confidential information.
Acceptance of confidential information requires the principal investigator to work with OSP on a technology control plan. The investigator must also certify to OSP that handling of controlled information will comply with federal laws. Click here for Certification on the Handling of Export Controlled Information.
Last Updated: 11/13/12