Research Export Controls
The following is an explanation of what Export Controls are and why they are important to keep track of for our institution.
Export Controls
Texas Tech Health El Paso is committed to supporting research, scholarship, and global collaboration while complying with U.S. export control laws and regulations. Export controls may apply when certain information, technology, software, equipment, materials, or services are shared with foreign persons, foreign institutions, or international destinations.
Researchers, faculty, staff, students, and collaborators should contact Research Compliance
before beginning activities that may involve export-controlled technology, restricted
parties, sanctioned countries, or international research collaboration.
What Are Export Controls?
Export controls are federal laws and regulations that govern how certain items, information, technology, software, and services may be transferred outside the United States or shared with foreign persons within the United States. These controls are intended to protect national security, foreign policy, and economic interests.
Export controls may apply to physical shipments, electronic transfers, international travel, research collaborations, restricted technologies, technical data, software access, and certain financial transactions.
Why Export Controls Matter
Export control compliance helps protect the university, individual researchers, and research partners. Failure to comply with export control requirements can result in serious consequences, including civil or criminal penalties, loss of research funding, restrictions on future exports, and damage to institutional research partnerships.
Because export control requirements can be complex, researchers should seek guidance early when planning projects, collaborations, travel, or activities involving sensitive technology or international partners.
Activities That May Require Review
Research Compliance should be contacted before activities involving:
- Dual-use technologies with both civilian and military applications
- Biological agents, chemicals, toxins, or controlled materials
- Select agents or regulated laboratory materials
- Encrypted software or restricted technical data
- High-performance computing, space-related technology, or advanced medical technology
- Military, defense-related, or sponsor-restricted research
- Foreign national access to controlled technology or information
- International collaborations, consulting, presentations, or sponsored projects
- Travel with laptops, devices, research data, equipment, or technical information
- Transactions involving foreign institutions, vendors, collaborators, or sanctioned countries
Not all international or collaborative research is export-controlled. However, activities
involving restricted technology, restricted destinations, publication limits, access
controls, or foreign persons may require additional review.
Deemed Exports
A “deemed export” occurs when controlled technology or technical information is released to a foreign person in the United States. This may include access through visual inspection, oral discussion, electronic systems, laboratory work, research data, software or technical documentation.
Because deemed exports can occur without shipping an item overseas, researchers should contact Research Compliance when a project may involve controlled technology or restricted access.
International Travel and Collaboration
Export controls may apply when faculty, staff, students, or researchers travel internationally with university equipment, software, research data, or technical information. Certain destinations, restricted parties, or technologies may require review before travel or collaboration begins.
Researchers should seek guidance before traveling internationally with:
- Laptops, mobile devices, or encrypted software
- Research data or unpublished technical information
- Specialized equipment, materials, or prototypes
- Controlled biological, chemical, medical, computing, or engineering technology
- Information related to sponsor-restricted or defense-related projects
International collaborations, presentations, consulting activities, and financial transactions may also require review if they involve restricted countries, entities, individuals, or controlled subject matter.
Fundamental Research Exclusion
Many university research activities qualify for the Fundamental Research Exclusion. This exclusion generally applies to basic or applied research in science and engineering when the results are intended to be published and shared broadly within the scientific community.
The exclusion may not apply when a project includes publication restrictions, sponsor approval rights, access limitations, confidentiality requirements, or restrictions on who may participate in the research. Researchers should contact Research Compliance before accepting terms that limit publication, dissemination, or participation.
When to Contact Research Compliance
Contact Research Compliance before beginning an activity if you are unsure whether export controls may apply. Early review can help avoid delays, protect research opportunities, and ensure compliance with federal requirements.
Contact Research Compliance for questions about export controls, international collaborations, foreign travel, restricted-party concerns, technology access, or sponsor restrictions.
When traveling with laptops, web-enabled cell phones, and personal equipment
Certain software and equipment can require an export license when traveling to specific destinations. A license will typically be required when taking items to or through a U.S. sanctioned country. Our institution also has restrictions and requirements that need to be met prior to traveling to a foreign country with your laptop or cell phone. Contact the Department of Information Technology for clarification of restrictions and for encryption before travel.
According to HSCEP OP 79.04, any travel to a foreign country requires written approval from the President’s Office. Be sure to reach out to the President’s Office well in advance of the travel to ensure that the proper permissions are obtained.
Research Compliance
elp-researchcompliance@ttep.edu
Resources
- U.S. Export Controls
- Overview of U.S. Export Control System
- Commodity Classification Information
- Avant International Commerce Control List
- NOAA Deemed Exports Technology Control Program
- Select Agent and Toxin List
- National Security Decision Directive 189 (NSDD189)
- The Denied Persons List
- Red Flag Indicators
- OSU Export Control
