June 26, 2020
There have been a series of changes in export control regulations which may impact your international collaborations.
Expansion of Export License and Export Filing Requirements for China, Russia and Venezuela:
Effective Monday, June 29, 2020, export license and export filing requirements will expand for certain exports to China, Russia and Venezuela. Recently the U.S. government issued new export control regulations for China, Russia and Venezuela regarding military end use (https://bit.ly/2ZdNi5e) and electronic export information filings (EEI) for exports of certain technologies and items to those countries. This change expands the export licensing requirements for these countries as well as export documents that previously were not required. The expanded regulation triggers export license requirements for specific items in these categories:
• Materials, Chemicals, Microorganisms, and Toxins
In addition, items on the Department of Commerce’s Commerce Control List (https://bit.ly/31r3cvR) of dual-use items that are being physically exported or hand-carried to China, Russia and Venezuela will now require EEI filing in the Census Bureau’s Automated Export System (AES), regardless of the shipment’s value or whether an export license is required. The UC San Diego Export Control Office (https://blink.ucsd.edu/sponsor/exportcontrol/) can help you determine if an export license is required from the federal government for any export as well as determine and file any required EEI.
Please be aware that export licenses can take 6 - 8 weeks or longer for processing by the federal government and may be denied. Contact the Export Control Office early for assistance to avoid delays.
Entity List Updates:
There are continuous updates to the government’s restricted parties lists that identifies persons or organizations reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the U.S. The U.S. government imposes additional license requirements on, and limits the availability of most license exceptions for, exports, re-exports, and transfers (in-country) to listed entities.
Effective June 5, 2020, a number of new companies and research institutions in China, Hong Kong, and the Cayman Islands (https://bit.ly/2NGfGaU) were added to the Entity List that represent a significant risk of supporting procurement of items for military end-use in China. These additions include entities that have either acquired or attempted to acquire U.S. origin items in support of programs for the People's Liberation Army and/or the use of U.S. technology for Chinese missile programs as well as being involved in human rights violations and abuses. There have also been updates to many other entities in other countries such as Russia and Venezuela in recent months. UC San Diego conducts restricted party screening (https://blink.ucsd.edu/sponsor/exportcontrol/rps.html) on international transactions as part of the export license review.
As a reminder, all international shipments that involve non-published documents are subject to Export Control Regulations and are required to be reviewed by the Export Control Office prior to shipping to determine if a license is required (UC Export Control Policy: https://policy.ucop.edu/doc/2000676/ExportControl). If you are working with UC San Diego Outbound Shipping for the shipment, they will work with the Export Control Office for the license review. If you or your lab are conducting the shipment yourself, you are responsible for contacting the Export Control Office in advance of the shipment for an export license review. Email the Export Control Office at firstname.lastname@example.org.
Export Controls is a dynamic area and changes to U.S. foreign policy directly impact university activities. The UC San Diego Export Control Office is here to facilitate your international interactions and ensure compliance with federal requirements and export control regulations. If you are engaged in international transactions, you are an important part of ensuring that UC San Diego has the required export reviews and documentation to enable international research collaborations. Please contact the Export Control Office for reviews at email@example.com. For additional information, please visit the Export Control website (https://blink.ucsd.edu/sponsor/exportcontrol/intlshipping.html.)