Responsible Administrator(s):
Responsible Office(s):
Originally Issued: October 2019

Statement of Purpose

This policy is intended to ensure compliance with the Export Control and Economic Sanctions Policy set forth in the Nevada System of Higher Education (NSHE) Procedures and Guidelines Manual, Chapter 14 and with U.S. export control and economic sanctions laws and regulations.

Entities Affected by this Policy

All University of Nevada, Las Vegas (UNLV) employees, students, volunteers and all other persons retained by or working at the University are affected by this policy.

Who Should Read this Policy

All employees, students, volunteers and all other persons retained by or working at the University while conducting research, teaching, or providing services at or on behalf of the University.

Policy

All University of Nevada, Las Vegas (UNLV) employees, students, volunteers and all other persons retained by or working at the University are required to comply with the U.S. export control and economic sanctions laws and regulations, including the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and those issued by the Office of Foreign Assets Control (OFAC) while conducting research, teaching, or providing services at or on behalf of the University. Additional export regulations from the Department of Energy (DOE), Nuclear Regulatory Commission (NRC), the Environmental Protection Agency (EPA), and other agencies also apply to University activities. It is the responsibility of all University employees, students, volunteers, and all other persons retained by or working at the University, to be aware of and comply with U.S. export control and economic sanctions laws and regulations, as well as with written UNLV Rules and Procedures for Export Control and Economic Sanctions. In addition to civil and criminal penalties that may apply to individual UNLV employees, students, volunteers, all other persons retained by or working at the University, and to UNLV itself, violation of U.S. export controls and economic sanctions laws and regulations may be subject to remedial or disciplinary action in accordance with the Board of Regents’ Code, Title 2, Chapters 6, and 10, and applicable institutional policies or procedures for misconduct, up to and including termination or dismissal.

Scope

The regulations are applicable to all institutional activities such as research, education, international travel, shipping, procurement, accounts payable, study abroad, hosting foreign visitors and human resources. While most activities at U.S. institutions of higher education are excluded from these regulations, some activities and transactions may be restricted.

Compliance Authority 

In accordance with NSHE Procedures and Guidelines Manual, Chapter 14, Section 6, the institution president shall appoint or approve the appointment of an Export Control Officer (ECO) and Empowered Official (EO) for purposes of compliance with U.S. export control regulations. Both ECO and EO shall receive authority from the institution president to perform his/her duties to help ensure the compliance with all applicable federal laws and regulations. The ECO and EO may be the same individual.

Key Federal Regulations

U.S. Department of State

Enforces the International Traffic in Arms Regulations (ITAR) which regulates defense articles, defense services, and related technical data listed on the U.S. Munitions List (USML).

U.S. Department of Commerce

Enforces the Export Administration Regulations (EAR), which regulate the export and re-export of most commercial items including “dual-use” items that have both commercial and military or proliferation capabilities and are enumerated on the Commerce Control List (CCL).

U.S. Department of the Treasury

Enforces U.S economic sanctions and embargoes through its Office of Foreign Assets Control (OFAC) and prohibits a wide range of transactions and the export of anything of value, either tangible or intangible, to sanctioned countries, organizations or individuals.

Related Information

Links

Contacts

Definitions

Deemed Export

The release of technology or software source code subject to the Export Administration Regulations to a foreign national in the United States is “deemed” to be an export to the home country of the foreign national.

Export Control Officer (ECO)

A person who is identified formally at an institution for the purpose of institutional compliance with export control and economic sanctions regulations.

Empowered Official (EO)

A U.S. citizen who is legally empowered in writing by an institution to sign export license applications or other requests for approval on behalf of the institution. The EO has the independent authority to inquire into any aspect of a proposed export, verify the legality of the transaction and the accuracy of the information to be submitted, and refuse to sign a license application or other request for approval.

Foreign National/Foreign Person

A natural person who is not a U.S. citizen, lawful permanent resident or protected individual, including any foreign corporation, business association, partnership, trust, society or other entity or group that is not incorporated or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of foreign governments.

Export

Any oral, written, electronic, or visual disclosure, shipment, transfer, or transmission of commodities, technology, information, or software source code to anyone outside the U.S., including a U.S. citizen, a foreign person whether in the U.S. or abroad, foreign embassy or affiliate, or an entity not incorporated in the U.S.

U.S. Person

A persons who is granted U.S. citizenship, a lawful permanent resident, granted status as a protected person under 8 U.S.C. 1324b(a)(3), any corporation/business/organization/group incorporated in the United States under U.S. law or any part of the U.S. government.