Controlled Tech Form (PDF)

Controlled Tech Form (Word)

Controlled Technology

The Department of Homeland Security's US Citizenship and Immigration Services (USCIS) requires all employers to assess whether an export license must be obtained prior to hiring international employees, and to certify to those findings.

This certification requirement implements laws presently set forth in both the Export Administration Regulations (EAR – civil applications) and the International Traffic in Arms Regulations (ITAR – defense applications).  These laws mandate that US Persons, including universities, seek and receive US Government approval before releasing export controlled technology identified on US export control lists to foreign nationals in the US. Under both the EAR and ITAR, the transfer of export controlled technology to a foreign national in the US is considered an export, specifically a “deemed export”, to the foreign national’s country or countries of citizenship.  Significant civil and criminal penalties apply to the unauthorized release of export controlled technology on US export control lists to foreign nationals in the US.

Research may be subject to export controls oversight when:

  • The items, materials, technology or technical data used in the research are identified on U.S. export control lists.
  • Working with (formally or informally), or providing technical assistance to, foreign nationals from countries currently sanctioned (e.g., for trade, travel, or terrorism) by the U.S.
  • A research agreement (e.g., contract, award, non-disclosure agreement) limits publication of results or participation in the design, conduct, or reporting of the research based on citizenship.  

Temple adheres to multiple federal agencies' export controls regulations.  The three main regulations are:

  1. International Traffic in Arms Regulations (ITAR) (link is external) from the U.S. Department of State (Directorate of Defense Trade Controls) which covers items and services related to military/defense applications, including spacecraft and satellites.
  2. Export Administration Regulations (EAR) (link is external) from the U.S. Department of Commerce (Bureau of Industry and Security) which covers "dual use" civilian/military items and technology.
  3. Office of Foreign Assets Control (OFAC) (link is external) from the U.S. Department of the Treasury, which covers restrictions due to foreign trade embargoes and economic sanctions.