Export Controls
Frequently Asked Questions
Licensing Requirements
When do I need an export license?
"Export" is defined not only as a physical transfer/disclosure of an item outside the U.S., but also as a transfer/disclosure in any form of a controlled item or information within the U.S. to anyone who is a foreign national (not a U.S. citizen or permanent resident). This is called the "deemed export" rule. As a result, unless an exclusion or exemption is available, the university may be required to obtain prior governmental approval (in the form of an export license) before allowing the participation of foreign national faculty, staff, or students in affected research. In some cases, a license may not be available at all based on the country involved.
The following are some additional examples of situations in which a license may be required:
- Presentation/discussion of previously unpublished research at conferences and meetings where foreign national scholars may be in attendance
- Research collaborations with foreign nationals and technical exchange programs
- Transfers of research equipment abroad
- Visits to your lab by foreign scholars
How will I know if I'm exporting information or technology?
Does the activity involve:
- A foreign company or government sponsor where the activity is conducted here or abroad?
- A foreign national (a person who is not a U.S. citizen or Green Card holder)?
- Foreign Nationals (faculty, post-docs, students, visiting scholars, collaborators, etc.) using equipment on the USF campus?
- A U.S. government contract with a restriction on participation by foreign nationals or other restriction?
- A contract with a U.S. company or the U.S. government that has a publication restriction or an associated NDA or proprietary rights agreement?
- Taking equipment abroad?
If you answered YES to any of the questions above, contact the Office of Export Controls at exportcontrol@usf.edu or by phone (813-974-5638).
How long does it take to get an export license?
A license is not required to send most items to most countries. However, you should always consult with the Office of Export Controls prior to exporting equipment, software (including source or object code), technical data (other than fundamental research results), or encryption technology. A license may be required to hire a foreign national to participate in an export controlled project.
Export licenses are requested on behalf of a researcher by the Office of Export Controls to the appropriate regulatory body. It is important to note that obtaining an export license may take several months and there is no guarantee that the U.S. government will approve a license request.
Are commercially-available items free from export control licensing requirements?
Yes, in most cases, low-end items that are commercially available do not require export licenses. There are some important exceptions including items containing strong encryption technology or software (e.g., laptop computers, or web-enabled cell phones), items that have dual use applications (e.g., high end GPS units), or that are restricted