Export License Decision-Making Steps

Licensing determinations are very complicated and can involve many different regulations. For assistance, or questions pertaining to projects containing classified information, contact the Office of Sponsored Research and Programs at 836-5972 or sponsoredresearch@missouristate.edu.

The following steps cover most cases, but correct determination requires review of the facts and circumstances in each case.

1. Determine whether the export is subject to U.S. jurisdiction. (U.S. universities are subject to U.S. jurisdiction as are any foreign nationals in the U.S.; overseas operations may be subject to U.S. jurisdiction).
2. Classify the goods or technology involved as subject to ITAR, EAR, or other regulations.
3. Determine whether a license is needed for the particular technology and particular end-use and end-user.
4. Determine availability of license exemptions, e.g., public domain, fundamental research, etc.).
5. Determine whether embargoes apply or whether any prohibited parties or destinations are involved.
6. Determine whether there are any “red flags” or other warning signs of possible diversion of the technology.

If a license is required, apply promptly – licenses can take weeks or months to obtain.

Government Agencies:

• State Department (ITAR) licensing requirements and forms are at http://www.pmdtc.org.
• Commerce Department (EAR) licensing requirements and forms are at http://www.bis.doc.gov.
• Treasury (OFAC) licensing requirements are at http://www.ustreas.gov/offices/enforcement/ofac/.

(Note: Links above open within a new window)

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Important :

We are not responsible for the management of the above external links and are simply providing other external information for your Export Control decision-making resources and steps.