Export control laws are federal regulations that govern how certain information, technologies, and commodities can be transmitted overseas to anyone—including US citizens—or to foreign nationals on US soil.
Physical items being shipped outside the US must be checked to ensure an export license is not required. You cannot use the Fundamental Research Exclusion, “Published” Information Exclusion, or Education Exclusion.
A word about the EAR99 Designation: EAR99 is a “minimum” level of export control. If a physical item does not fit in a specific export control category, nor are they controlled by another export control agency, then it is EAR99 under the Department of Commerce- other agencies include Department of State (ITAR) Nuclear Regulatory Commission (NRC), etc. EAR99 is restricted for Cuba, Iran, North Korea, Sudan, and Syria, as well as proscribed parties.
Things to check before shipping:
Screen your Recipient and Destination:
- Some people and institutions are on the export control proscribed lists. Some restrictions limit shipping anything to these recipients.
- Before you ship, you can check the recipient using the Consolidated Screening List Search Tool.
- If you have a potential match, contact the Export Control Office for guidance on how to proceed.
- If you need to ship anything to the comprehensively embargoed countries of Cuba, Iran, North Korea, Sudan, or Syria, contact the Export Control Office for guidance, as sanctions may apply. See the OFAC website for more information.
Check for prohibited end-use:
- You may not knowingly export an item knowing it will be used in support of certain nuclear, missile, chemical, or biological end-uses. Examples include weapons of mass destruction and military use.
- Red Flags for a recipient:
- Name or address similar to entity on one of the proscribed lists
- Reluctance to offer information about the end-use
- Recipient is unfamiliar with the use of the item
- If you have any questions about a particular recipient, contact the UT Export Control Office for guidance on how to proceed.
Is your item EAR99, or something more tightly controlled?
- Check whether your item is subject to the ITAR, or is on the EAR Commerce Control List with an ECCN.
- International Traffic In Arms Regulations (ITAR)Defense articles listed on the United States Munitions List (USML) always requires a license to be shipped outside the U.S.
- Export Administration Regulations (EAR) Check the Commerce Control List (CCL)-item may require a license for certain counties, depending on the Export Control Classification Number (ECCN) that applies.
If you are involved in international shipments, please take the CITI Export Control training. In addition to the default introductory training, please take the addition (marked “optional” in CITI) module for shipping: Export Compliance for International Shipping (ID: 16807)
Both UPS and FedEx can be used for international shipments. For more complicated shipments, such as ITAR equipment, ECCN equipment, and those valued over $5000, a customs broker may be needed. The usual customs broker for the University is the John S. James Company. Visit UT’s International Shipping procurement page for more information. Additional charges may apply for this service.
If you have questions about international shipping or related topics, please contact Dairin Malkemus (865-974-0232, firstname.lastname@example.org).