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Export Controls - International Travel
University of North Dakota (UND) faculty, staff, students, affiliates and volunteers travel internationally as part of UND research, education, service or employment. Where a person travels, what items are being taken, what services are being provided, with whom they are working and the purpose of the trip may present export control concerns for the individual and UND.
Most international travel does not present export control issues. Other travel scenarios may present an export control concern that UND can address by documenting that the travel has an exception from export regulations. Travel to countries designated by the federal government for embargo or sanction reasons or travel with export controlled items may present a need for an export license or other government authorization prior to departure.
The Export Control Officer is available to assist in evaluating international travel concerns and reduce the impact on your travel plans. The Export Control Officer can be reached via email at michael.p.sadler@research.UND.edu or by telephone at 701-777-4152.
Working with the Export Control Officer in advance of your travel helps with: (1) determining whether your items, technology and software can be taken or sent internationally without a license; (2) obtaining an export license; and (3) reducing the likelihood of a violation of export control and sanction program regulations.
Please email the completed International Travel Questionnaire to the Export Control Officer for an evaluation of export control travel concerns 10 business days prior to travel outside of the United States. If an export license or other government authorization is required, it must be received prior to travel.
Restrictions on International Travel Based on the Destination Country
• Determine if your travel destination is listed as an embargoed or sanctioned country by the U.S. Department of Treasury, Office of Foreign Assets Control. Their list of embargoed or sanctioned countries can be found here: Sanctions Programs and Country Information.
• If traveling to an embargoed or sanctioned country, please contact the Export Control Officer prior to travel to evaluate export control concerns.
• If the travel is to Cuba, Iran, Syria, North Korea or (North) Sudan, please contact the Export Control Officer as soon as possible prior to travel.
International travel for export purposes is travel outside of the United States. Within this context, the United States means the 50 States, including offshore areas within their jurisdiction, the District of Columbia, Puerto Rico, and all territories, dependencies, and possessions over which the United States exercises any powers of administration, legislation, and jurisdiction.
Restrictions on the Items You Can Take With You
When you leave the U.S., even temporarily, for teaching, research, or to attend a conference, everything you take with you is an export, including electronic devices, software and data. This applies to hand-carried items, materials, and devices. All exports should be screened by the Export Control Officer to evaluate export license requirements.
• Research data and information that qualifies for the fundamental research, public domain/publicly available or educational instruction exclusions to the export control regulations can be taken and openly shared or discussed without the need for an export license (e.g., published, educational or research information intended for public distribution, such as a paper being presented at a conference, commercial software, and patent applications). Prior to travel, verify that your technology, data or information is categorized as fundamental research, public domain/publicly available or educational instruction information.
• An export license is not usually required for most commercially obtained items and equipment (laptop computers, tablets, cell phones, PDAs containing software), unless you are traveling to or through an embargoed or sanctioned country. For sanctioned countries, an export license may be required.
• Without an export license or license exception, you cannot take with you any commodities, software, or technology that are:
o Articles, technical data or software controlled under the International Traffic in Arms Regulations (ITAR). For example, a blueprint, document or drawing on your electronic device that is considered ITAR controlled technical data cannot be taken out of the U.S. without a license;
o Classified, controlled unclassified, or export controlled;
o Proprietary, confidential, or sensitive;
o Specifically designed for military, intelligence, space, encryption software, or nuclear related applications;
o Data or information subject to a Non-Disclosure Agreement or that results from a project with contractual dissemination restrictions; or
o Computer software or encryption items with export restrictions or access restrictions for non-U.S. persons.
Restrictions on Your Activities While in Your Destination Country
• Limit presentations, seminars and discussions to topics that are not related to export controlled commodities, software, or technology unless that information has been published, is currently publicly available or in the public domain, or qualifies as fundamental research.
o Presenting or discussing proprietary, unpublished, or export controlled data or information may constitute an unauthorized export.
o Open seminars are, most likely, appropriate unless they occur in an embargoed or sanctioned country or involve restricted parties.
• Sharing fundamental research or publically available information with foreign colleagues is allowed as long as the colleagues are not prohibited from receiving the information by the federal government (e.g., Specially Designated Nationals, employees or representatives of the government of a sanctioned country, or restricted parties).
• Engaging in research, field work or course instruction outside of the U.S. may not qualify for the fundamental research exclusion and U.S. export control regulations may apply until the work is published or is made publicly available. Prior to providing course instruction or disclosing information resulting from research or field work when outside of the U.S., determine if the information is subject to export control laws and regulations.
• Payments to persons, businesses or organizations may be prohibited by export control laws and regulations. UND must not enter into contracts, conduct business, or otherwise participate, directly or indirectly, in any financial activities with any entity or person found on any government issued restricted, blocked, or denied party lists. This may include international subcontracts, purchases from international vendors or payments to research participants. UND needs to conduct screening to determine if the University is permitted to do business or provide financial assistance to the individual or entity with whom you will be transacting business. The Export Control Officer will assist in determining if the financial assistance or transaction is allowed.
Restrictions Based on the Laws of the Destination Country
Your destination countries have their own import and export control regulations that could affect how you can use the exported items in their country or could restrict your ability to take them out of their country. Once outside or when returning to the U.S., your items and electronic devices may be searched or seized in accordance with the laws of the foreign country.
License Exceptions for Temporary Exports/Reexport (TMP or BAG)
Items such as commodities, software, and technology taken or sent outside of the U.S. may require an export license pursuant to export control laws and regulations. An item's export control classification may mean no license is required to export the item to your destination country. If a license to export your items is not needed, then pursuing a license exception is unnecessary.
The Export Administration Regulations (EAR) provide an export license exception for the temporary export or reexport of certain items, technology, or software (electronic devices, laptops, cellphones, and PDAs) for professional or personal use as long as regulatory criteria are met. The EAR allow an export license exception for the temporary export (TMP) of qualified "tools of trade". "Tools of trade" is defined as items that are used for UND business, conferences, trade shows, etc. The TMP exception only applies to UND property.
The TMP exception includes items, software and technology that can be:
• Hand carried during your travel (e.g., laptop computers, PDAs, cellular phones);
• Packed in your luggage or baggage; or
• Shipped either before you travel or while you are present in your destination country.
To be eligible for the TMP exception, you must maintain effective control of the item or software during your travel, return the item or software to the U.S. within one year of export, and not take the item to or through Cuba, Iran, North Korea, Syria or (North) Sudan.
An export license exception for the temporary export of personal baggage (BAG) is also available.
Neither the TMP nor BAG exception applies to:
• Satellite or space-related equipment, components, or software regulated by the EAR;
• Technology associated with high-level encryption products;
• Defense items, technical data, or software regulated by the ITAR;
• Nuclear or atomic energy items regulated by the Nuclear Regulatory Commission or Department of Energy; or
• Shipping or hand-carrying items, technology or software to countries designated in Country Group E:1 of the EAR (currently: Cuba, Iran, North Korea, Syria, and Sudan. Group E:1 countries are subject to change).
Temporary Export Record-Keeping Requirements and Procedures
The EAR require the use of the TMP or BAG license exception be documented, and records must be kept for five years. Fill out the exception form prior to travel, keep a copy for your files and return one to Michael Sadler, Export Control Officer, in the Office of Sponsored Programs, via email at michael.p.sadler@research.UND.edu or through campus mail at 100 Twamley, Stop 7306. If you have questions regarding the exceptions, please contact her by telephone at 701-777-4152.
Temporary Export Certifications:
Inspection and Safeguarding of Items Taken Abroad
When leaving or returning to the U.S., customs officials are authorized to search or retain items, technology and software including digital cameras, cell phones, media players, and disk drives to look for violations of laws, including export control regulations.
Safeguard all your items and data appropriately and recognize that if you do not want foreign officials or others to have access to your items, do not take them with you.
Restricted or Denied Party Screening
Conducting restricted or denied party screening is a necessary component of UND's export compliance program. This screening determines if you are prohibited from doing business with or providing services of any kind to individuals or entities contained in U.S. government restricted, denied, debarred, designated or blocked persons lists. Request a restricted party screening by the Export Control Officer prior to doing business with an entity or individual.
If, during travel, you are contacted by an individual or entity that wants to engage in business or have you provide other services, please contact the Export Control Officer to conduct a restricted party screening to evaluate whether the transaction can occur.
If you are contacted by an entity or individual that you know to be on a restricted, blocked, or denied persons list, please record as much information as you can about the incident and contact the Export Control Officer.
University of North Dakota Policy for Travel Outside of the United States
In addition to export control travel concerns, please be aware of the UND policy for Travel Outside of the United States. This policy applies to all UND employees traveling and working outside the United States and requires UND employees to fill out the Travel Outside the U.S. Form prior to travel. The policy, forms and contact information can be found HERE.
University of North Dakota Compliance with the Fly America Act
The Fly America Act (49 U.S.C. § 40118) requires foreign air travel funded with Federal funds be provided by U.S. flag air carriers. The Fly America Act is applicable to all federal and federal flow through Grants, Cooperative Agreements and Contracts, for either domestic or international travel.
Non-U.S. flag air carriers may be used when a waiver from the federal requirement is available (e.g., service by a U.S. flag air carrier is not available or it is necessary to use a foreign air carrier) or as allowed by the Open Skies Agreements exception to the Fly America Act.
If you are planning on foreign air travel or are making arrangements for someone to travel on a Grant, Cooperative Agreement or Contract, evaluate if the Fly America Act is applicable to the arrangements or if a waiver or exception might apply. It is important to note this will have a direct effect on international travel, but may also create problems for domestic travel.
• Lower cost and personal convenience are not acceptable criteria for justifying the non‐availability of a U.S. flag air carrier.
• Open Sky Agreements exceptions are not permitted for Department of Defense (DOD) travel.
Travelers using DOD funds must use an American carrier, unless they qualify for an exemption as noted in Federal Travel Regulation § 301‐10.135.
Please contact the Grants & Contracts Administration (GCA) office for assistance with the Fly America Act.
State Department Travel Tips and Resources
The Smart Traveler Enrollment Program (STEP):
• STEP is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country.
• STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency.
• STEP allows Americans residing abroad to get routine information from the nearest U.S. embassy or consulate.
Enrolling in the program ensures the receipt of notices, alerts and information from the State Department about travel to a particular country or region of the world.
To enroll, log on to the Department of State Smart Traveler Enrollment Program
When traveling abroad, please review up-to-date travel warnings and alerts from:
Clean Laptop Information for International Travel
The Center for Instructional & Learning Technologies (CILT) is prepared to offer a limited number of "clean" laptops to faculty and staff traveling internationally on UND business. These laptops are referred to as "clean" because they are free of export-controlled technology, student records, HIPPA information, or other sensitive information. Using a clean laptop greatly reduces the risk of loss, theft, or inadvertent disclosure of export-controlled or protected information. All faculty and staff are welcome to request a clean laptop; however, priority will be given to those subject to a Technology Control Plan (TCP).
To request a clean laptop for travel abroad:
Email Michael Sadler at michael.p.sadler@research.UND.edu and include your name, the date needed, and date to be returned. Allow at least a week to prepare the laptop for travel. CILT has a limited number of laptops available and requests will be processed on a first come, first serve basis. The length of checkout should not be longer than fourteen days. If you must keep it longer, specify the reason in your request email. Note that CILT may be unable to accommodate your request. IMPORTANT: Upon returning to the United States, all data placed on the laptop will be removed, destroyed, and non-recoverable.