Antiboycott Regulations
Overview
U.S. antiboycott laws and regulations discourage and, in certain circumstances, prohibit U.S. persons from participating in or supporting foreign boycotts that are not sanctioned by the United States.
Antiboycott requirements are administered primarily by the U.S. Department of Commerce under the Export Administration Regulations (EAR) and by the U.S. Department of the Treasury through federal tax laws.
Although boycott-related requests are uncommon in University research, they may appear in international agreements, purchase orders, procurement documents, shipping instructions, vendor or supplier agreements, letters of credit, or other international transactions.
Some boycott-related requests may also trigger federal reporting requirements even when the requested action itself is not prohibited.
Do not respond to, agree to, or provide information in response to a boycott-related request without first contacting the Office of Research Security (ORS).
When May Antiboycott Regulations Apply?
Boycott-related requests may arise in connection with international activities such as:
- Research or other University agreements
- Purchasing and procurement
- Vendor or supplier transactions
- International shipments
- Shipping and customs documentation
- Financial transactions
- Other international business activities
The requirements depend on the specific language of the request and the circumstances of the transaction.
Examples of Boycott-Related Requests
Boycott-related language may include requests to:
- Certify that goods or materials do not originate in a particular country.
- Certify that an organization does not conduct business with a particular country, company, or individual.
- Refuse or agree to refuse to conduct business with particular organizations or individuals.
- Provide information about business relationships with a particular country or organization.
- Provide information regarding the nationality, citizenship, race, religion, or other characteristics of individuals.
- Agree to contractual terms requiring participation in or compliance with an unsanctioned foreign boycott.
- Provide certifications or statements concerning eligibility to conduct business under another country's boycott requirements.
Whether a particular request is prohibited, permissible, or reportable depends on the applicable regulations and the specific circumstances.
Reporting Requirements
Certain boycott-related requests must be reported to the U.S. Government.
A reporting obligation may exist even when the University does not agree to or comply with the request. For this reason, boycott-related language should be referred to ORS as soon as it is identified.
ORS will determine whether the request requires additional review or federal reporting and will coordinate with other University offices, as appropriate.
How ORS Can Help
ORS can assist with:
- Reviewing agreements, purchase documents, shipping documentation, and other transactions for boycott-related language.
- Determining whether a request may be prohibited or restricted under U.S. antiboycott regulations.
- Identifying potential federal reporting requirements.
- Coordinating with Procurement, Sponsored Programs, University Counsel, and other University offices, as appropriate.
- Providing guidance before the University responds to a boycott-related request.
Federal Antiboycott Regulations
Two principal federal frameworks address participation in unsanctioned foreign boycotts:
U.S. Department of Commerce
The antiboycott provisions of the Export Administration Regulations restrict certain actions taken with intent to comply with, further, or support an unsanctioned foreign boycott and establish reporting requirements for certain boycott-related requests.
U.S. Department of the Treasury
Federal tax laws contain separate antiboycott provisions that may result in tax consequences and reporting obligations for certain participation in or cooperation with an unsanctioned foreign boycott.
ORS coordinates with the appropriate University offices when these requirements may apply.
Need Assistance?
If you receive an agreement, purchase order, shipping document, certification, questionnaire, or other communication containing boycott-related language, do not respond to the request before it has been reviewed.
Contact the Office of Research Security for assistance determining whether the request is prohibited, permissible, or reportable under applicable U.S. antiboycott requirements.