UNCG Export Control Policy
The University of North Carolina at Greensboro
The University of North Carolina at Greensboro will comply with all Export Control Regulations established by the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), and the Office of Foreign Assets Control (OFAC) regulations. This Policy establishes the scope of that compliance and the primary responsibilities of the university and its constituents.
As a participant in such a diverse academic, research, and business community, UNCG is committed to the highest level of compliance with all applicable Export Control laws and regulations. All individuals affiliated with UNCG who work with, or have access to, export-controlled technical data, information, materials and equipment are required to be familiar with and fulfill the requirements of the U.S. Export Controls laws and regulations by following applicable UNCG policies and procedures.
The University of North Carolina at Greensboro (UNCG) recognizes that a critical component of its mission is supporting research as well as developing relationships and participating in the worldwide academic and business community to further the pursuit of knowledge. UNCG expects research, instruction, and public service to be accomplished openly and without prohibitions on the publication and dissemination of the results of academic and research activities, as permitted by law. However, while university research normally can be conducted openly and without restrictions, it sometimes involves technology or produces results that are subject to U.S. Export Control regulations. U.S. Export Control regulations restrict the export of certain types of information, technologies, and commodities, which also includes the disclosure of controlled information to foreign persons on U.S. soil.
The EAR and the ITAR govern the shipment or transfer of export-controlled technical data, information, materials and equipment to destinations outside the United States, as well as the provision of access to certain export-controlled technical data, information, materials or equipment to non-U.S. persons within the United States. In addition, the OFAC regulations impose sanctions and embargoes on transactions or exchanges with designated countries, entities and individuals. Federal export regulations were designed to protect the economic vitality of the United States and in support of national security. Violations of the Export Controls laws can undermine efforts to protect against attack or prevent international criminal activity.
UNCG recognizes that these laws support vital national security, economic, and foreign policy interests, and is committed to complying with U.S. Export Controls laws and regulations that apply to its activities, including the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), and the Office of Foreign Assets Control (OFAC) regulations.
Responsibility for compliance:
It is the responsibility of all UNCG personnel, including faculty, staff, visiting faculty & staff, postdoctoral fellows, students, and all other persons volunteering, or retained by or working at the University to comply with all applicable laws, regulations and the University’s written instructions and procedures regarding compliance with Export Control laws and regulations.
Personnel with responsibility for export-controlled programs or whose duties involve working with foreign nationals are required to attend Export Control training sessions. Mandatory training will be through CITI, required at least once every four years, or at the beginning of every research program with export control requirements. Additional training sessions will be scheduled either as stand-alone or in conjunction with other Research informational sessions, and can be arranged for specific groups. Additional contact and training information available at: https://exportcontrol.uncg.edu/.
The University’s Export Controls Management Program:
The Export Control and Conflict of Interest Official under the authority of the Vice Chancellor for Research and Engagement at UNCG, is responsible for managing and overseeing institutional compliance with Export Controls regulations. The Export Control and Conflict of Interest Official has been designated as UNCG’s primary Empowered Official for Export Controls with the authority to make Export Controls determinations and government license submissions on behalf of the institution.
To ensure compliance with these Regulations, UNCG has created Export Control information and resources, available via at: https://exportcontrol.uncg.edu/. The guidelines provide rules and direction on the export and “deemed export” of technology, goods, software, information and source code. Responsibilities of various offices within UNCG are outlined and information is provided on how they can assist personnel with compliance. More information about Export Controls including procedures, training, forms, and additional resources can be found at https://exportcontrol.uncg.edu/ or by contacting the Export Control Official (ECO) at firstname.lastname@example.org.
Failure to comply with U.S. export laws and regulations may result in civil and criminal penalties for the University and/or the individual responsible. Penalties for Export Control violations are substantial, including significant fines, debarment from participation in federal contracting, loss of export privileges, and in some cases imprisonment. In addition to these severe penalties, the potential reputational damage to an institution from violation of these laws could be difficult to repair, possibly resulting in lost opportunities for attracting world-class researchers and/or decreased access to research funding through private industry and government sources.
Civil penalties may apply even to accidental violations. In addition to penalties imposed by federal law, UNCG will investigate violations fully when the action occurs within the duties and functions associated with UNCG business, research or education. Individuals found to have knowingly violated Export Control laws and policies will be subject to disciplinary processes and procedures.
This policy is authorized by the Chancellor, the Provost and Executive Vice Chancellor, and the Vice Chancellor for Research and Engagement. This policy is reviewed and updated by the Office of Export Control and Conflict of Interest.
Links to Related University Policies
Last updated March 29, 2016