Export Control Regulations in Research

As a public technology research university, NJIT provides an open teaching and research environment for the free exchange of information within the NJIT community among faculty, staff, and students, and externally at seminars and meetings related to academic and professional activities through scientific presentations and publication of papers.

Research Compliance

In some instances, the export control regulations established by the U.S. government may impact the scope of the previously described research or activities.

What Might Be Considered an Export?

The “exports” that may affect research or activities include the:

  1. Transfer of controlled items or information to people or entities outside the U.S, whether through physical means (e.g. shipment or hand-carrying) or through electronic or digital transmission (e.g. email or uploading).
  2. Disclosure of controlled information to foreign nationals inside the U.S. (referred to as a “deemed export”).
  3. Training or offering of services involving controlled equipment or information to foreign nationals.
  4. Transactions with, or providing services to, certain foreign countries or individuals who are on embargo lists.​

 

Where are the Export Regulations Found?

The export control regulations, implemented for reasons of national security, economic and trade protection, and the advancement of foreign policy goals, include:

1.  The Export Administration Regulations (EAR), administered by the Department of Commerce, regulates items that have a dual purpose, meaning both commercial and military applications. Please see this website for more information and below for examples of subject matters covered:

  • Nuclear Materials and Equipment
  • Chemicals, Microorganisms and Toxins
  • Electronics
  • Computers
  • Telecommunications and Information Security
  • Lasers and Sensors
  • Navigation and Avionics
  • Marine
  • Aerospace and Propulsion

2.  The International Traffic in Arms Regulations (ITAR), administered by the Department of the State, regulates munitions or defense articles and services. Please see this website for more information and below for examples of subject matters covered:

  • Guns, Ammunition, Missiles, Ballistics, Explosives
  • Ground Vehicles, Aircrafts and Surface and Submersible Vessels
  • Personnel Protective Equipment
  • Military Electronics, Training and Training Equipment
  • Fire Control, Range Finger and Optical and Guidance and Control Equipment
  • Toxicological Agents (Chemical and Biological Agents)
  • Spacecraft
  • Nuclear Weapons and Directed Energy Weapons
  • Gas Turbine Engines

3.  Additionally, the Office of the Foreign Asset Control (OFAC) of the Department of the Treasury provides regulations on trade sanctions, embargoes and travel restrictions in designated countries. Please see the resources section of this website for more information and below for some of the countries sanctioned:

  • Cuba
  • Iran
  • Iraq
  • North Korea
  • Ukraine/Russia
  • Venezuela

 

Is My Research Subject to the Export Regulations?

Many of the teaching and research activities at NJIT are excluded from the export control regulations through the fundamental research exception, provided that there are no restrictions on publication or exclusions on who may participate.

If the activity is controlled and not considered fundamental research, a license from the cognizant federal agency will be required to permit the activity. If the controlled activity is neither fundamental research nor covered under a license, pursuing the activity may result in serious consequences, both for NJIT and the researcher (fines and imprisonment).

Compliance with the export regulations is a shared responsibility and all individuals at NJIT are expected to strictly adhere to all requirements.

When Do I Need to Contact the NJIT Office of Research?

You must contact the Office of Research if your research project involves the following:

  • Shipping equipment to a foreign country.
  • Collaborating with foreign nationals or in foreign countries.
  • Training foreign nationals in using the equipment.
  • Working with a country subject to a U.S. embargo.
  • Submitting a proposal to an RFP marked “Export Controlled”.
  • Working with a sponsor requiring pre-approval rights over publications or the participation of foreign national students.​
  • Exposing foreign nationals to your research labs.
  • Traveling overseas with high tech equipment, confidential, unpublished, or proprietary information or data.
  • Using third party export-controlled technology or information.
  • Providing professional consulting services overseas, especially to embargoed or sanctioned countries.

As part of the export compliance process, the Office of Research and Development generally reviews all contracts received in consultation with the Office of General Counsel. Principal Investigators also play a role in the export compliance as activities may change during the research project.

Accordingly, Principal Investigators must notify the Office of Research and Development of any changes in scope that include the above identified activities to determine appropriate procedures.

To contact the NJIT Office, please send an email to the Director of Sponsored Research Programs Administration, at erich@njit.edu.