Researcher Guidance on Export Control

International collaboration, travel, authorship, and other activities are an important component of UCSD research and academics. It is important that we know who we are working with and if there are any restrictions or risks in proceeding with an international engagement. To safeguard our researchers, research, and the University, so that we may continue our international activities:

Conduct Restricted Party Screenings of involved organizations and individuals to identify Parties of Concern and Restricted Parties before proceeding.

Be mindful of recent regulations (fall of 2025) that also restrict some activities with entities owned, directed, or otherwise controlled by Restricted Parties to prevent the diversion of items (even not controlled) to Restricted Parties. Chinese and Russian entities are considered heightened risk due to their increased number of Restricted Parties.

Determine if sanctions or embargoes are a factor. Restricted Party Screening may identify applicability. Confirm by searching the country on the OFAC Sanctions List Search. Sanctions can impact multiple aspects of research, even if remote.

Identify if a foreign government or military is involved.

Export Control will provide guidance for next steps when screening indicates a potential Party of Concern, China and/or countries subject to U.S. sanctions are involved. Keep in mind that federal licenses for activities involving countries subject to comprehensive sanctions may take up to a year t and their issuance is not guaranteed.

When hosting international visitors, visiting scholars, or post docs, consult with Export Control if you have a Technology Control Plan (TCP) in place or know someone in the department or lab may work with sensitive or controlled items.

SEMICONDUCTORS-

Unless authorized by Export Control, visitor activities must not involve access to CUI, ITAR, or EAR-restricted, proprietary, or confidential information, technology, equipment, software, or data protected by a Non‐Disclosure Agreement (NDA), Service Agreement, or Technology Control Plan (TCP). Only publicly available technology, information, data, and software can be shared with the visitor.

There may be restrictions on what the visitor may take, transport, or access after leaving UCSD. Certain activities may require a federal authorization, to include:

• Taking technology (even if created, developed, or modified at UCSD).
• Providing technical assistance or research guidance.
• Performing data analysis or interpretation.
• Serving as a mentor or advisor to the visitor.
• Engaging in research collaboration.

For additional information see:

Hosting Visitors Guidance & Requirements

Hosting International Visiting Scholars

International Post Doc Fact Sheet

Hosting Visiting Scholars from Countries Subject to U.S. Sanctions and Embargoes

Research might involve controlled items which are often commercially available. Controlled items include substances, materials, biologics, toxins, chemicals, electronics, software, and the information for their development, creation, or production.

Indicators that an item might be controlled:

• The item is found on Interactive Commerce Control List | Bureau of Industry and Security
• It has military applications or was developed for military use
• The vendor requires an End User Statement to purchase
• A defense contractor, military, or intelligence agency is providing the item
• The software license includes access or use restrictions for non-U.S persons (citizens, permanent residents, or asylees) or other dissemination restrictions
• There are national security implications to the item (e.g., semiconductor technologies, other sensitive technologies, military items, etc.)
• “Export-controlled,” “ITAR,” “EAR” are indicated
• There are restrictions on shipping internationally
• Item is on this list

When purchasing or receiving gifts of items, ask for the Export Control Classification Number (ECCN) or ITAR-Category.

Keep in mind, items that are imported into the United States are subject to U.S. export control regulations, even if not a U.S. manufactured item.

When items will be modified, transferred (shipped or transported) internationally or into international waters (including off the U.S. coast), contact UCSD Export Control to determine if a license or Technology Control Plan (TCP) is needed.

The information required for the development, production, or use of a controlled product is controlled “technology” (EAR) or “technical data” (ITAR). Process Design Kits (PDKs) are an example of an item that may release technology or technical data with use.

Indicators of EAR-controlled technology or ITAR-controlled technical data:

• “Export-controlled,” “ITAR,” “EAR” are indicated on documentation
• Development, production and use of a pathogen (including knowing how to grow, maintain and perform quality checks) listed on the Commerce Control List (CCL), or US Munitions List (USML) which includes all Select Agents plus other pathogens as well as the development, production or use of certain biological production equipment technology
• Access and dissemination restrictions (e.g., NDAs)
• Information provided by a defense contractor for the development of an item
• Non-U.S. person (citizen, permanent resident, or asylee) restrictions
• Provided through a membership, conference, or other engagement requiring a DD2345 or U.S. citizenship is required.

When information may be subject to export controls, UCSD Export Control can assist with determining the classification, creation of a Technology Control Plan (TCP), and obtaining federal licenses.

UCSD Export Control can assist with questions regarding the Department of Defense form DD2345 ("Militarily Critical Technical Data Agreement").

UCSD researchers are encouraged to present and publish research results in a timely manner (e.g., early and often), provided the information published or presented is not subject to any contractual restrictions (NDA or otherwise) or determined to be export-controlled.

Before publication, consult with:

UCSD Office of Innovation and Commercialization if the data concerns a patentable invention.

Consult with Export Control for assistance prior to:

• Providing any assistance or insights to publicly available information that may have military application. Assisting a non-U.S. person with information concerning published technical data may be considered a defense service.