Export Control Regulations in Research

NJIT complies with all export control regulations implemented by the Federal government for reasons related to national security, trade protection, or foreign policy goals.

Research Compliance

NJIT provides a teaching and research environment dedicated to the free exchange of ideas both within the NJIT community and externally through academic and professional presentations and publications.  In some instances, export control regulations established by the U.S. government may impact the scope of research activities.

Many of the teaching and research activities at NJIT are excluded from the export control regulations through the fundamental research exclusion (see 22 CFR 120.11 (a)(8)), 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 not be allowable.

For the purpose of export controls, the following are considered exports:
  • 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).
  • Disclosure of controlled information to foreign nationals inside the U.S. (referred to as a “deemed export”).
  • Training or offering of services involving controlled equipment or information to foreign nationals.
  • Transactions with, or providing services to, certain foreign countries or individuals who are on embargo lists.​
There are different sets of regulations depending on the kind of export involved.  These include the following:
  • The Export Administration Regulations (EAR), administered by the Department of Commerce, regulates items that have a dual purpose, meaning both commercial and military applications (e.g nuclear materials, chemicals, microorganisms, toxins, electronics, computers, lasers). These regulations can be found at the Export Administration Regulation website.
  • The International Traffic in Arms Regulations (ITAR), administered by the Department of the State, regulates munitions or defense articles and services (e.g. ammunition, ballistics, guidance and control equipment). These are maintained by the Directorate of Defense Trade Controls.
  • 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 visit the Resources section of the OFAC website for additional guidance.
PI's must contact the NJIT Office of Research if a research project involves any of 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.
Other Export Controls Resources

National Institute of Health(NIH) Financial Conflicts of Interests and Foreign Components
National Science Foundation (NSF) Research Protection
Executive Office of the President (OSTP) Letter to the Research Community
US Dept. of Energy Foreign Government Talent Recruitment Programs and International Science and Technology Engagement Policy
Under Secretary of Defense Letter for Universities

University Compliance Collaboration

Compliance with the export regulations is a shared responsibility and all individuals at NJIT are expected to strictly adhere to all requirements. The Office of Research reviews all export control matters in collaboration with the Office of General Counsel and other university offices as appropriate.  Principal Investigators should notify the Office of Research of any changes in scope of a project that include the above identified considerations.

Export control inquiries can be directed to Eric Hetherington, the Executive Director of Sponsored Research Programs Administration, at erich@njit.edu.