Export Licenses & Authorizations

An export license is a government authorization permitting a specific export, release, transfer, service, or other regulated activity that would otherwise be restricted or prohibited.

Depending on the activity, authorization may be required from the U.S. Department of Commerce, Department of State, Department of the Treasury, Department of Energy, Nuclear Regulatory Commission, or another federal agency.

Licenses may contain conditions concerning recipients, destinations, end uses, quantities, time periods, access, security, reporting, recordkeeping, or other aspects of the authorized activity.

ORS coordinates export license applications for University activities and assists researchers with applicable license conditions.

No.

An item, technology, software, or activity may be subject to U.S. export controls without requiring a license for every destination, recipient, or use.

Whether a license or other authorization is required depends on factors that may include:

• Export control classification.

• Destination.

• Recipient or end user.

• Foreign-person access.

• Intended end use.

• Restricted-party requirements.

• Applicable sanctions.

• Availability of an exception, exemption, exclusion, general license, or other authorization.

ORS evaluates the applicable regulations and circumstances to determine whether authorization is required.

The Export Administration Regulations (EAR) contain License Exceptions that authorize certain exports, reexports, or transfers that would otherwise require a license when specified eligibility requirements and conditions are satisfied.

License Exceptions may apply to certain temporary exports, international travel, replacement equipment, government activities, technology or software, baggage, and other qualifying transactions.

The availability of a License Exception depends on the specific classification, destination, recipient, end use, and other regulatory requirements.

A License Exception does not mean that an item or activity is outside the EAR. It provides authorization for an otherwise license-requiring transaction when all applicable requirements are satisfied.

ORS determines whether a License Exception may be used for a University activity and identifies applicable documentation, reporting, or recordkeeping requirements.

The International Traffic in Arms Regulations (ITAR) contain exemptions that may authorize certain activities involving defense articles, technical data, or defense services without obtaining a separate license or approval.

ITAR exemptions apply only in specifically defined circumstances and may include eligibility, documentation, security, destination, recipient, or other requirements.

ORS reviews activities involving ITAR-controlled defense articles, technical data, and defense services and determines whether a license, agreement, exemption, or other authorization is required.

The Office of Foreign Assets Control (OFAC) administers U.S. economic sanctions programs that may prohibit or restrict transactions involving certain countries, regions, governments, organizations, individuals, or activities.

A general license authorizes a defined category of transactions when all applicable terms and conditions are satisfied. A separate application to OFAC generally is not required.

A specific license is an authorization issued by OFAC in response to an application permitting a particular transaction that would otherwise be prohibited.

ORS reviews University activities involving U.S. sanctions and coordinates with University Counsel and other University offices as appropriate.

These terms have different meanings under U.S. export control regulations.

A license exception or exemption generally authorizes an otherwise regulated activity when specified requirements are satisfied.

An exclusion generally refers to information or an activity that is outside particular regulatory controls when applicable criteria are met. Examples may include certain publicly available or published information and information resulting from qualifying fundamental research.

The terminology and requirements vary by regulation. ORS determines whether an exception, exemption, exclusion, or other authorization applies to a specific University activity.

Researchers should contact ORS before relying on an export license exception, ITAR exemption, OFAC authorization, or similar regulatory authorization for a University activity.

Many authorizations contain specific eligibility criteria, restrictions, documentation requirements, reporting obligations, or recordkeeping requirements. ORS evaluates applicability and documents use of an authorization when appropriate.