Export Control Decision Tree
United States export controls exist to protect the national security and foreign policy interests of this country. Export controls govern the shipment, transmission or transfer of certain sensitive items, information or software to foreign persons or entities. Where applicable, they may require authorization from the U.S. government in the form of an export license. Most of the items, information or software that the University of Idaho ships or shares with its colleagues and research partners is not of a nature that would be restricted for these purposes, nor are they destined for countries or individuals subject to U.S. embargoes or sanctions. The university, however, is required to exercise due diligence, and this Decision Tree has been crafted for the purpose of complying with U.S. trade law while preserving the university commitment to openness in research.
The Decision Tree will guide you through a series of "Yes" or "No" questions, leading to a determination of whether or not an export control license is applicable to any particular situation. Remember that export controls may apply when an item, information or software is being sent outside U.S. borders, or when it is being shared with "foreign persons or entities" (See FAQs) in the U.S.
You may find it useful to note that export controls are frequently, but not exclusively, associated with items, information or software within the following general areas:
- Chemical, Biotechnology and Biomedical Engineering
- Materials Technology
- Remote Sensing, Imaging and Reconnaissance
- Navigation, Avionics and Flight Control
- Propulsion System and Unmanned Air Vehicle Subsystems
- Nuclear Technology
- Sensors and Sensor Technology
- Advanced Computer/Microelectronic Technology
- Information Security/Encryption
- Laser and Directed Energy Systems
- Rocket Systems
- Marine Technology
The questions in this Decision Tree use terminology derived from the regulations of the U.S. Departments of State, Commerce and Treasury. These questions ask about sharing, shipping, transmitting or transferring any items, information or software. Violations of these export control regulations can lead to significant civil and criminal penalties.
- ITEMS refers to any tangible things, equipment or hardware.
- INFORMATION can include technical data such as models, formulae, engineering designs and specifications, or technical assistance such as training or instructions
- SOFTWARE refers to a collection of one or more computer programs or microprograms in either source code (programming statements) or object code (machine-readable instructions).
As you go through these questions, you may have additional questions of your own. If so, please contact the university’s Export Control Analyst at [email protected].
This material is adapted from the basic design and content of Stanford University’s Decision Tree for use by the University of Idaho community. We appreciate Stanford granting permission to use its content for the benefit of the University of Idaho.