Export Control Guidance Topics
Export control regulations apply to the shipment of export-controlled items initiated by anyone at Rutgers University to anyone located outside the United States. Consult Export Control regulations to determine if you may legally ship a physical item to certain individuals and organizations or to certain countries. An Export Control Shipping Approval must be obtained prior to actual shipment of the item.
IMPORTANT NOTE: The Rutgers Export Control team may provide a Shipping Approval, but the requestor is responsible for the actual shipment, coordination, and tracking of the item.
Rutgers Export Control will require to you identify the following information in order to decide whether you can receive approval to ship your item and if an export license will be required.
Export Control Concerns
What are you shipping?
Provide a detailed description of the item being shipped. Confirm if it a biologic, toxin, or chemical which has additional requirements. What amount? What will be the end use of the shipped item? Do ITAR or EAR Regulations apply? Purpose of the shipment (what it will be used for)?
Where are you shipping it?
Is the destination on an embargo list? Is that the destination or will it be shipped to another location afterwards? What is that other location? Is it being shipping to another location inside the United States, but the recipient is a foreign: national/entity/organization/company/etc.?
Who are you sending it to?
Is the person/entity/organization foreign? What is their full name, address, and what organization are they related to? Are they on any OFAC Sanctions List? Will they be the end user of this item? If not, who will be the end user?
When are you shipping this item?
An OFAC license takes roughly six months to receive, a license from the Department of State takes roughly two months, and a license from the BIS takes roughly two weeks, so allow plenty of time before you need to ship. Do not ship an item outside the US without the proper license.
The Rutgers Export Control team will determine if the hazardous material, you would like to ship, is Export Control regulated.
Once the shipment is approved by Export Control, the shipper must work with Rutgers Environmental Health and Safety (REHS) to ensure that they meet any hazmat and/or dangerous goods requirements and that any Rutgers employees who will be dealing with these goods are thoroughly trained and knowledgeable about regulations for shipping hazardous materials. Learn More
- Although your project may be eligible for the Fundamental Research Exclusion, the results and/or the shipping of any related items may still require an Export License.
- If you obtain an item from another country, within the boundaries of the US, that product is subject to US regulations.
- If an item originates in the US, it doesn’t matter what country it is in; it is subject to US regulations.
- Even if an item is cleared through Customs, it may still require an export control license.
- Mislabeling the package or misrepresenting the classification of the item is illegal. Violations may result in civil penalties of up to $32,500 per violation, and deliberate violations may result in criminal prosecution of up to $500,000 and five (5) years in prison.
- For commodities controlled under EAR, whether a license is required depends upon the item and the country to which the item is being shipped.
- Even in cases where license approval from the Department of Commerce is not required to ship the item to the country, there are administrative requirements and records that must be maintained (see 15 CFR Part 762) regarding shipments of EAR controlled items out of the United States.
The ATA Carnet (pronounced kar-nay) is an international customs document (19 CFR § 114.22) that permits the tax-free and duty-free temporary export and import of nonperishable goods for up to one year. It may be used for any of the 87 countries and territories which are currently part of the carnet system. The benefits of using a Carnet is that it is a single document, allows the user to avoid duties and taxes, and it can be used multiple times and in multiple countries as the goods are re-exported within the allotted time frame.
Carnets do not replace the need to obtain an Export License if one is required. The most common uses include but not limited to: exhibitions and fairs, professional equipment, commercial samples and goods for testing purposes, sports equipment, or goods for educational, scientific or cultural purposes. Learn More
Related Rutgers Procedures
- Material Transfer Agreements (Rutgers Sponsored Research Agreements)
- Shipping Hazardous Materials/Dangerous Goods (Rutgers Environmental Health and Safety)
The following agencies have additional information about:
- Center for Disease Control (CDC)
- Conservation in International Trade in Endangered Species (CITES)
- Environmental Protection Agency (EPA) for TCSA regulated chemicals
- Fish & Wildlife Services (FWS)
- United States Department of Agriculture (USDA).
Nuclear Related Exports