Regulations
The following are the three main export control regimes in the United States, although it is important to note that each of these regimes is influenced by other U.S. government agencies and the President's national security agenda, as well as by international organizations and multilateral bodies (e.g., the Australia Group, which creates multilateral policy on biologial items and technology).
International Traffic in Arms Regulations (ITAR)
- Promulgated by the U.S. Department of State (Directorate of Defense Trade Controls)
- Governs "defense articles and services" (items and information specifically designed or adapted for military use; includes many aspects of satellites and spacecraft, even though there has been effort in recent years to facilitate the growth of the commercial space industry by moving regulation of non-military spacecraft and satellites to the EAR)
- State Department guidance on defense services and fundamental space science research is addressed here.
Export Administration Regulations (EAR)
- Promulgated by the U.S. Department of Commerce (Bureau of Industry and Security)
- Governs items and technology that may have uses or applications where there are national security concerns, are predominately civilian in character.
Office of Foreign Assets Control Regulations (OFAC)
- Promulgated by the U.S. Department of the Treasury (Office of Foreign Assets Control)
- Focuses on limiting U.S. persons from engaging with certain types of foreign entities and specific persons to implement sanctions and economic embargoes. Much less concerned with the release of technology in general.
- OFAC Reporting and License Application Forms
Violations of export control regulations can lead to significant civil and criminal penalties. The Office of Export Controls is in the process of building and promulgating campus policies to address these requirements while continuing to facilitate CU Boulder's diverse and growing research portfolio.