Export Control

Export Control refers to several federal regulatory programs designed to control the transfer of military and technological commodities to foreign countries. The principal programs include:

  • the International Traffic in Arms Regulations (ITAR) administered by the United States Department of State,
  • the Export Administration Regulations (EAR) administered by the United States Department of Commerce, and
  • the Office of Foreign Assets Control Regulations (OFAC) administered by the United States Department of the Treasury.

In addition to specific licensing requirements for tangible items exported from the United States to foreign destinations, Export Control regulations may also either prohibit or require licensing for the “deemed export” or release of certain technical information and data (which are treated as controlled commodities) to “foreign persons” (generally, non-permanent resident foreign nationals), either within the United States or abroad.

Although the kinds of information and data generated or developed through university research is generally exempt from Export Control restrictions, because it results from “fundamental research” as established under National Security Decision Directive 189 (NSDD 189) and as defined in ITAR and EAR, compliance with federal export control law requires that specific determinations be made as to whether the fundamental research exemption, or any other exemption available under Export Control regulations, applies to a particular research project. The materials linked under the Export Control menu above are intended to facilitate such determinations and to ensure compliance with applicable regulations.  Questions concerning export control should be directed to New Mexico State University’s Export Control Officer, Dr. JoAnne Dupre, (575) 646-4463.