Export Control Regulations in Research

Export Controls and Sanctions are federal laws that govern the export, shipment, transmission, transfer, or sharing from the U.S. to foreign countries, persons, or entities of technology, technical data, technical assistance, and items or materials. This can include some activities inside the United States, including on campus, that are considered “deemed exports”. The U.S. Department of State and the U.S. Department of Commerce, the U.S. Department of Energy’s National Nuclear Security Administration, and the U.S. Nuclear Regulatory Commission each administers different export control regulations. Additionally, the U.S. Department of the Treasury restricts travel to, the provision of “goods and services”, and other financial transactions with, certain countries, individuals, and organizations under various Sanctions Regulations. This includes certain foreign universities and research institutes. Export Control laws prohibit the unlicensed export of certain commodities or information for national security and/or protection of trade reasons. The U.S. government imposes Export Controls and Sanctions to protect national security interests and promote foreign policy objectives. In addition, it also participates in various multilateral Export Control regimes dedicated to preventing the proliferation and destabilizing accumulations of weapons of mass destruction and related materials, along with the trafficking of conventional arms and related technologies. Export Controls and Sanctions Regulations apply to research and other activities regardless of the source of funding.

There are also new Bulk Sensitive Data Regulations implemented by Department of Justice effective April 8, 2025, pursuant to E.O. 14117 issued by President Joseph R. Biden, Jr. on February 28, 2024. This regulation operates in a similar manner to export controls and sanctions. The National Institutes of Health (NIH) also published guidance for researchers in September 2025 as it relates to “bulk sensitive personal health data” and work with “Foreign Countries of Concern” (FCOCs).

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,  Sanctions, and Bulk Sensitive Data 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 and Sanctions regulations as “fundamental research”  (see 10 CFR §810.2(c)(2), 15 CFR §734.8(a), 22 CFR §120.11 (a)(8), and various sanctions regulatory provisions), provided that there is an intention to publish the research, including all underlying technical data, and there are no restrictions on publication or exclusions on who may participate.  It is important to note though for Bulk Sensitive Data transfers, there is no “fundamental research” exclusion. If the activity is controlled and not considered fundamental research, an authorization from the cognizant federal agency will be required to permit any controlled activity. If the controlled activity is neither fundamental research nor covered under an applicable U.S. Government authorization, pursuing the activity may not be allowable.

Work in the following areas is considered high risk:

• Engineering
• Space sciences
• Computer Science
• Biomedical research with lasers and sensitive Personal Health Information (PHI)
• Research with encrypted software
• Research with controlled chemicals, biological agents, and toxins
• Research involving U.S. Government Controlled Unclassified Information (CUI)

Examples of controlled goods, technology, and software (list is not all-inclusive):

• Toxicological agents
• Nuclear materials and technology
• Lasers and Sensors
• Night vision equipment
• Select agents (and other pathogens)
• Arms and ammunition
• Explosives Detection Equipment
• Chemical warfare precursors
• Semiconductors and microprocessors
• Telecommunications and encryption software
• Missile technology
• Navigation and avionics
• Marine vessels
• GPS technology
• Countermeasure technology for controlled goods
• Endangered Species
• Body armor and protective gear
• Fingerprint and identification retrieval
• Oscilloscopes
• Gas centrifuges
• Mass Spectrometers
• High strength materials

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).
• Verbal, written, electronic, and/or visual disclosures 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’s Bureau of Industry & Security (DOC/BIS) pursuant to the Export Control Reform Act of 2018 (ECRA), 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. Civil and criminal investigations, along with civil enforcement are administered by the DOC/BIS Office of Export Enforcement (OEE). Criminal enforcement (prosecution) is enforced by U.S. Department of Justice, National Security Division’s Counterintelligence &  Export Controls Section (DOJ/NSD/CES), in conjunction with an applicable U.S. Attorney’s Office.
   
• The International Traffic in Arms Regulations (ITAR), administered by the Department of the State pursuant to the  Arms Export Control Act of 1976 (AECA), regulates munitions or defense articles and services (e.g. ammunition, ballistics, guidance and control equipment), listed on the U.S. Munitions List (22 CFR part 121). These are maintained by  the Bureau of Political-Military Affairs’ Directorate of Defense Trade Controls (PM/DDTC). Civil enforcement and penalties are administered by PM/DDTC’s Office of Defense Trade Controls Compliance (PM/DTCC), while criminal investigations are conducted by Immigration & Customs Enforcement’s Homeland Security Investigations (ICE/HSI) at the Department of Homeland Security (DHS). Criminal enforcement (prosecution) is conducted by U.S. Department of  Justice, National Security Division’s Counterintelligence & Export Controls Section (DOJ/NSD/CES), in conjunction with an applicable U.S. Attorney’s Office.
   
• 10 CFR part 110- Import and Export of Nuclear Material and Assembly Equipment (Part 110), administered by the U.S. Nuclear Regulatory Commission pursuant to the Atomic Energy Act of 1954, as amended (AEA), regulates the import and export of Nuclear Material and Special Assembly Equipment (as defined by the AEA- see 10 CFR §110.8 and §110.9. These regulations can be found at: https://www.nrc.gov/reading-rm/doc-collections/cfr/part110/index. Civil enforcement and penalties are conducted by the NRC Office of Enforcement, while criminal investigations are conducted by the NRC Office of Investigations. Criminal enforcement (prosecution) is conducted by U.S. Department of Justice, National  Security Division’s Counterintelligence & Export Controls Section (DOJ/NSD/CES), in conjunction with an applicable U.S. Attorney’s Office.
   
• 10 CFR Part 810- “Assistance to Foreign Atomic Energy Activities” (Part 810), administered by the Department of  Energy’s National Nuclear Security Administration pursuant to the Atomic Energy Act of 1954, as amended (AEA), which regulates certain “software” and “technology” related to civil nuclear end-uses. These regulations can be found at: https://www.ecfr.gov/current/title-10/chapter-III/part-810?toc=1, and https://www.energy.gov/nnsa/10-cfr-part-810. Civil enforcement and penalties are managed by DOE/NNSA’s Office of Nonproliferation Policy (NA-244), and criminal investigations managed by the Federal Bureau of Investigation (FBI) and the Department of Energy’s Office of Inspector General (DOE-IG). Criminal enforcement (prosecution) is conducted by U.S. Department of Justice, National Security Division’s Counterintelligence & Export Controls Section (DOJ/NSD/CES), in conjunction with an applicable U.S. Attorney’s Office. Sanctions Regulations - there are various Sanctions Regulations that are implemented by the Department of State and the Department of the Treasury. They are administered by the Department of the Treasury’s Office of Foreign Assets Control (OFAC) pursuant to applicable laws (most notably the International Emergency Economic Powers Act of 1977 (IEEPA), which provide regulations on trade sanctions, embargoes and travel restrictions in designated countries, includng the provision of “goods and services”. Please visit the Resources section of the OFAC website for  additional guidance. Civil enforcement and penalties are administered by OFAC’s Enforcement Division, and criminal investigations are usually led by the Federal Bureau of Investigations (FBI). Criminal enforcement (prosecution) is conducted by U.S. Department of Justice, National Security Division’s Counterintelligence & Export Controls Section (DOJ/NSD/CES), in conjunction with an applicable U.S. Attorney’s Office.
   
• 28 CFR part 202 - “Access to U.S. Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons” (Part 202), published on January 8, 2025 (90 FR 1706) and effective as of April 8, 2025, is administered by the U.S. Department of Justice, National Security Division pursuant to E.O. 14117 “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern” (89 FR 15421) issued on February 28, 2024, by President Joseph R. Biden, Jr., under his executive authority delegated in the International Emergency Economic Powers Act of 1977 (IEEPA). This new regulation, which operates in a similar manner and scope to Export Control and Sanctions Regulations, covers specific Sensitive Personal Data and U.S. Government Sensitive Data (e.g. Controlled Unclassified Information (CUI)) when work is performed with entities and foreign nationals from “Foreign Countries of Concern” (FCOCs). Civil enforcement and penalties are administered directly by DOJ/NSD’s Counterintelligence & Export Controls Section (CES), while criminal investigations are conducted by the Federal Bureau of Investigation (FBI). Criminal enforcement (prosecutions) are likewise conducted by DOJ/NSD/CES in
  conjunction with applicable U.S. Attorney’s Offices.

NJIT researchers must contact the NJIT Office of Research if a research project involves any of the following:

• Shipping/exporting controlled materials, supplies, or samples to other countries.
• Sharing information disclosed under confidentiality agreements with foreign persons, including students, staff, and faculty, both on and off campus.
• Carrying controlled materials, samples, or GPS equipment in checked or carry-on luggage on foreign travel.
• Collaborating with a researcher or institution outside of the U.S., especially when that collaboration involves individuals or institutions from a sanctioned country or when sensitive information or equipment may be shared, both on and off campus.
• Traveling outside of the United States on university business with NJIT equipment or with high tech equipment, confidential, unpublished, or proprietary information or data.
• Traveling outside of the United States to a country/region with comprehensive sanctions. Currently, these include: Crimea Region of Ukraine, Cuba, Iran, North Korea, and Syria.
• Hosting foreign persons from sanctioned or embargoed countries or taking them to NJIT labs.
• Performing work under an RFP/Agreement/Contract that is marked "Export Controlled" or includes export control provisions.
• Exchanging unpublished research results or data with foreign persons located overseas or in the US by any means, including e-mail, file transfers, etc.
• Training a foreign person in the design, development, use, or testing of controlled equipment.
• Using third party export-controlled technology or information.
• Providing professional consulting services overseas, especially to embargoed or sanctioned countries.
• Being involved in a project/research related to military; space-related information; nuclear, chemical, and/or biological weaponry; missiles; unmanned vehicles; encryption technologies, or other items listed on the International Traffic in Arms Regulations (ITAR) U.S. Munitions List.
• Transfer of bulk sensitive personal of USG data to institutions or foreign nationals from "Foreign Countries of Concern:, both off an on campus.
• You have reasons to believe a violation of export control, sanctions, or bulk sensitive data transfer laws or regulations has occurred, or is about to occur.

Finding a list of export-controlled items:

The lists of controlled items and technology are extensive. The lists are dependent on the regulatory framework that describe them, and a few of them are listed below: 

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 Robert Rasmussen, Director of Export Controls at robert.rasmussen@njit.edu,  or Eric Hetherington, Associate Vice Provost, Sponsored Research Programs Administration, at erich@njit.edu.

Reminder:

Cloud-based videoconferencing systems such as BlueJeans are not Export Controls compliant!

NJIT researchers should not discuss or share export controlled data or technology (including screenshots, screenshares, recordings) using these videoconferencing systems. They do not have end-to-end encryption protections and users can be located all over the world.