Export ControlAll institutions of higher education and their faculty, staff, and students must comply with export controls, which are designed to ensure that sensitive information, technology, software, biological and chemical agents, equipment, and know-how are not employed for purposes other than their intended use. In case of violations, criminal sanctions – including substantial fines and even prison terms – can be applied.
Export regulations apply to all research activities, including grants, contracts and cooperative agreements. They also apply to all other aspects of the university – for example, in downloading of and gaining access to certain software programs.
Fortunately, most UNL research activities are excluded from export controls by the fundamental research exemption. Fundamental research is defined as “basic and applied research in science and engineering, the results of which ordinarily are published and shared broadly within the scientific community.” However, proprietary research and industrial development, design, production and product use, the results of which ordinarily are restricted for proprietary or national security reasons, are subject to export control regulations and are not exempt under the fundamental research exception.
Furthermore, contractual restrictions on disseminating research results – for example, those that require sponsor approval before publication or generally prevent results from being publicly available –preclude the fundamental research exemption, and thus export control regulations apply. Finally, research that involves the participation of foreign nationals also is subject to export control regulations.
Although most activities pursued by UNL researchers are not subject to export control restrictions or licensing requirements, each member of the university community must be familiar with them to ensure that appropriate guidance is sought and actions taken should they apply.
Export Control Defined
Activities Subject to Export Control Regulations
UNL's Export Control Policy and Statement of Compliance
Technology Control Plan
Export Control Brochure