Before getting to know the Export control laws, it is better to understand the basics of what is meant by export. “Any oral, written, electronic or visual disclosure, shipment, transfer or transmission of products to outside United States to anyone including US citizen of any commodity, technology or software codes otherwise to any person or entity with an intent to transfer it to non US entity or individual in any part of the world is a active phenomenon of export trade”.
The Federal government to restrict and control the conditions under which certain information, technologies and commodities can be transferred to anyone outside the country including US citizens implements export control laws. Usually the laws are implemented by the Department of Commerce through their Export Administration Regulations (EAR) and the Department of State through its International Traffic in Arms and Regulations (ITAR).
Under the Export Control Laws prohibition of exporting unlicensed materials or information sensitive to national security is achieved however, it also covers the protection of trade regime. This is also true that most of the exports do not require government license and they are required only for the commodities, products or services that government considers “License Controlled” under the EAR and ITAR regulations.
Export control laws usually are administered in some of the scenarios where the nature of the export is validated as actual or potential military applications or economic protection issues. If the federal government is concerned about some specific individuals, country or organizations and if the government is suspicious about the declared or suspected end use of the export.
Export control laws do have potential to substantial impact on UC Berkeley research and researchers in most fields of engineering and technology. Under these regulations if research involves specific technologies then campus needs to get related federal approval before allowing any foreign national to participate in this research, before collaborating with any foreign university or company or before sharing results of this research in any mode with the persons who are nit permanent citizens of India.
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