Gaining Access to Materials or Data for Research and Other Uses

When you receive materials or data from an outside entity (whether purchased or otherwise acquired) there usually are no export control implications. However, your subsequent use or sharing of materials / data could involve export control issues.

Before you receive an item, determine if it is on the Commerce Control List (CCL) or subject to International Traffic in Arms Regulations (ITAR), so you can obtain appropriate licenses. Unless they are classified as EAR99 or consumer electronics in ECCNs 4A994 or 5D992, check with UB's export control office so they can help you clear materials / data before you receive them.

This process allows for all appropriate measures including a Technology Control Plan (TCP) or a license and avoids the unwitting violation of export regulations which could result in civil or criminal penalties. 

Getting Export Classification Information

For Materials or Technical Data

  1. Get a written determination form the supplier/manufacturer as to the ITAR or CCL classification.
  2. Make a copy of the supplier/manufacturer’s website showing the ITAR or CCL classification, convert it to a pdf file and print a copy.
  3. If the item was invented at UB, the inventor should get the classification from Technology Transfer.

For Research Data or Other Information

Sponsored Projects normally writes the agreements and includes the following documentation.

  1. A clause to the effect that “all information and items being provided are the product of fundamental research and do not fall under ITAR or CCL classification above EAR99.”  
    • Or if applicable, your statement could read: “Any items or information that fall under ITAR or CCL classification will not be exchanged until they receive appropriate clearance from the recipient's  export control office.” 
  2. When no formal contract or agreement exists, get written verification that “all information being exchanged is the product of fundamental research."
    • We recommend that you file this document with your other project documents and let others know its location.
Get Help in Writing Your Agreements

Contact Sponsored Projects Services.