Export Control Guidance Topics
All members of Rutgers University are required to adhere to Export Control regulations and Rutgers University Policies when traveling internationally on university business. When traveling, you should be concerned with the following:
WHO Is Involved?
Identify the company, end user, university, visitor, colleague, etc.
WHAT Are You Doing?
When sharing the details of your travel plan, include what you are bringing with you, what you are researching, what materials you are using in your project, whether you are shipping an item, etc.
WHERE Are You or the Data Going?
Which country(s)? All countries being visited, not just the starting destination.
WHEN Will You Conduct Your Activity?
You must allow time to get approval before your activity commences. You may need to wait several months (as the US government processes your license request), if a license is required.
WHY Are You Doing the Activity?
Identify the purpose of your activity (i.e. conference, research, collaboration, etc.).
Please contact Export Control, no less than three months prior to departure, to ensure there are no export compliance issues. Be advised that if a license is required, it could take up to two or three months. The earlier you plan, the better. Export Control will help you obtain an export license if required and help you create a plan for safe export compliant travel.
If an export license or other government authorization is required, it must be received prior to travel.
Remember, traveling to meet a foreign national anywhere, including inside the USA, has the potential to be an export.
International travel is defined as the action of leaving the United States, including its territories American Samoa, Guam, Northern Mariana Islands, Puerto Rico, US Virgin Islands and the US Minor Outlying Islands.
Travel inside the United States is not international unless you are traveling through a foreign country to get to a US Territory. Visiting a foreign embassy, consulate, mission, or affiliate in the United States may require special export control considerations.
Traveling with personal or university own equipment may require trigger the need for an Export License. Fortunately low risk items are usually exempt if they meet any of the available license Exclusions, Exemptions, or Exceptions. Anything you take out of the US is an export, including data on laptops and cell phones, and it is subject to US export controls.
The following items may require an Export Control License due to their sensitive nature:
- Devices, systems or software that are not standard, off-the-shelf products generally available to the public;
- Devices, systems, or software that are specifically designed or modified for military or space applications;
- Data or information received under an obligation of confidentiality;
- Data or analyses that result from a project that has restrictions on the dissemination of the research results;
- Classified information;
- Export controlled information
The export of an item that will transit through a country or countries to a destination identified in the EAR is deemed to be an export to that destination (EAR § 734.13).
Be prepared by working with Rutgers Export Control will ensure your trip is compliant and they will determine if an export license is required. Working with the Export Control Officer in advance of your travel helps with: (1) determining whether your items, technology and software can be taken or sent internationally without a license; (2) obtaining an export license; and (3) reducing the likelihood of a violation of export control and sanction program regulations.
- Review Rutgers IT guidance on domestic and international travel.
- Review Department of Risk Management & Insurance's International Travel Procedures webpage
Before Your Trip
Determine the details on your trip:
The purpose of your trip.
- Determine where you will be traveling to: the destination country(s), any other countries will you will be passing through by land, people you will meet, organizations you will visit, etc.
- Registered for Rutgers MyTrips as required by Rutgers Policy.
- Determine what activities you will be conducting during your trip.
- Determine who you will be interacting with and/or what locations or organizations you will be visiting.
- Determine what you will be bringing with you on your trip including electronics devices (laptop, mobile phone, tablet), prototypes, samples, equipment, technical data, biologicals etc.
Your destination countries have their own import and export control regulations that could affect how you can use the exported items in their country or could restrict your ability to take them out of their country. Register your trip with Rutgers University using the MyTrips traveler registration website to document your travel outside of the United States. You will enter the details of your trip as required by Rutgers policy.
Remove any sensitive data including ITAR-controlled, highly restricted, or EAR-controlled technical data from your work laptop and work cell phone.
Contact Rutgers Export Control if you are traveling to an OFAC-sanctioned country (View List).
During Your Trip
- Keep a copy of your export license documents with you if applicable.
- US Customs is authorized to search and retain electronic devices without probable cause.
- Once outside or when returning to the U.S., your items and electronic devices may be searched or seized in accordance with the laws of the foreign country, be prepared.
- Customs officials in any country, including the U.S., may inspect your belongings, including electronic content of computers, phones, tablets, and storage devices. They may take possession of these items for various periods of time—even permanently. It is a best practice to only take items with you that are absolutely needed for your trip.
- Do not travel with private data that you do not want others to see (e.g. medical records, financial records, photos, data from research).
- Have a copy of your data in the US in case it is lost during inspection or travel.
- Take electronic devices with ordinary software and minimal data to reduce the likelihood of a lengthy or disruptive search or lost data.
- If your equipment or export control materials are lost or stolen during your trip, report to Export Control and ensure it was encrypted before your travelled.
Some countries also have local import regulations that specifically prohibit travelers from bringing into those countries, encrypted laptops or other mobile devices. Violations of those countries’ prohibitions could result in confiscation of your device by customs authorities and/or fines or other penalties. Using a clean/formatted laptop or device will prevent this issue and remember to check the local laws of your destination country.
After Your Trip
- Federal regulations require export related documentation is kept for five years past the last date of activity on the project.
- Report an export control related incidences that happened during your trip to Rutgers Export Control.
- Safety and Security for U.S. Students Traveling Abroad (fbi.gov)
- Safety and Security for the Business Professional Traveling Abroad (fbi.gov)
- US Department of State Travel Advisories (travel.state.gov)