Export Control

Queensborough Community College faculty, staff, students, and affiliates must comply with all applicable export laws and regulations. Export regulation applies not only to research projects (whether funded or not), but also to contracts and agreements. Fundamental research activities are exempt from export control laws. Most of QCC’s activities are fundamental research (the output of the research is available to the public). However, you still need to be aware of the export control laws. Your activities or conduct might be restricted depending on the technology, information, data, and personnel involved, as well as the travel plans outside of U.S.

What is export control? Export refers to the shipment or transfer of items, technology, services or information out of the U.S. or with non-U.S. nationals inside the U.S.

To promote U.S. national security, export control regulates the shipment or transfer of these controlled items, software, technology, or services out of the U.S. Export control regulations come from three federal government agencies: Department of State, Department of Commerce, and Department of the Treasury.

• U.S. Department of State, Directorate of Defense Trade Controls (DDTC)’s regulation: International Traffic in Arms Regulations (ITAR) – covers military items (on the USML list) and/or defense articles and services.
• U.S. Department of Commerce, Bureau of Industry and Security (BIS)’s regulation: Export Administration Regulations (EAR) – covers dual-use technologies (technologies that have both military and commercial use. For example, Hummer, or a GPS unit.) and many biological agents.
• U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC): embargoed countries such as Cuba, Iran, North Korea, Russia, Sudan, and Syria. The list of sanctioned countries is updated periodically and is available here. 

• Computer science (including High-performance Computing)
• Cryptography
• Material science
• Electro-mechanical engineering
• Semiconductor research
• Space science & launch related research
• Oceanographic research
• Atmospheric research
• Astronomy
• Bio-engineering
• Robotic research/sensors/detectors
• Nuclear physics/engineering
• Infectious disease/microbiology/pathology
• Antiquities research

We have obligations to protect U.S. national security and foreign policy interests and prevent QCC/CUNY from committing export control violations. These are things at least we can do to help.

Fundamental research could be exempted from the restriction. The research must be ordinarily published and shared with the public, which has no publication or access restrictions. The research must be done at an accredited institution in U.S.

You might need a license if your research area is in the above-listed topics and the technology involved export controlled item, technology, equipment, software, or data; or if your collaboration involves agencies or people from the embargoed countries; or if you plan to ship the controlled technology, software or data to another country (or allow a foreigner to access it).

Check if there are any signs of export restrictions on the purchasing order, websites or manuals, keywords such as “ITAR,” “no foreign nationals,” “no export.”

In order to determine if Export Control applies to you, please complete this I-129 Questionnaire and submit it to the campus Export Control officer, Dr. Moni Chauhan ([email protected]).

In order to ensure compliance with export control regulations, please use this preliminary evaluation form to conduct the assessment before you undertake any of the following activities:

• Initiate new research/contract/agreement (whether it is funded or not) that might involve controlled items or technology;
• Travel to a sanctioned country for any purposes;
• Bringing personal or QCC owned computers, laptops, tablets, GPS systems or associated software to another country;
• Allow foreigners’ access to your research results related to controlled items;
• Train non-U.S. nationals on how to install export controlled items or equipment;
• Ship any controlled items to a foreign country;
• Establish a research agreement with a company in a foreign country;
• Conduct or participate in research, consulting, or training activities in another country; and/or

Receive an export-controlled item, technology, data or software from a third party.

ECCN or EAR99

The vast majority of the exports subject to Commerce jurisdiction are classified as EAR99; if an item does not have an ECCN then it is designated EAR99, which can be exported almost anywhere without an export license (NLR: no license required). But it still cannot be shipped to an embargoed/sanctioned country or transferred to a prohibited person, or used to support prohibited end-use.

International Travel

All QCC faculty, staff or students make international travel with a university device (such as a laptop, cell phones, or any high-tech equipment), should be aware that these devices contain no restricted technology, data, or software. If yes, you might need to have an export license before the travel.

Exports of any items from the US are highly restricted in the following countries: Cuba, Iran, Syria, Sudan, Russia and North Korea.

If you are traveling overseas with items, equipment, materials, data, or software that might be covered by export control, please contact Dr. Moni Chauhan ([email protected]) a month prior to your departure.

International Financial Transactions

Any QCC activities that involve overseas payment to non-U.S. persons need to be verified to ensure that the financial support does not go to a blocked or sanctioned entity.

Shipping items, equipment, materials or technology involved in your research or any university-related activities overseas, you might need export licenses depending on the item, recipient, end-use of the item, and the destination.

Violation of Export Control regulation could result in jail time (up to 20 years), fine (up to $1 million per violation), and may result in loss of contracts, funding, and the ability to export items. The following are some export control-related cases:

• Former University of Tennessee Professor John Reece Roth Begins Serving Four-Year Prison Sentence on Convictions of Illegally Exporting Military Research Data
• UMass Lowell fined $100,000 for export control violations
• Military Secrets Leak From US Universities With Rules Flouted

Please click here to access details of the CUNY Export Control Policy.

• International Traffic in Arms Regulations (ITAR)
• Office of Foreign Assets Control (OFAC)
• National Council of University Research Administrators (NCURA)
• Independent Researcher Application