International TravelUS Department and State and Federal Bureau of Investigation (FBI) travel guidance Traveling with UMBC owned equipment and personal items Sanctioned Countries
When planning a trip abroad, travelers should be familiar with export controls and embargoes. Export control regulations may come into play when:
- Taking items with you when you travel, such as
- Encryption products (hardware and software)
- Blueprints, drawings, schematics
- Attending “closed” conferences or meetings (are not open to all technically qualified members of the public, you cannot take notes, or may come with a request to complete a form DD2345).
- Money transactions and the exchange of goods and services (country specific)
- Travel to sanctioned or embargoes countries no matter what the purpose
- Doing business with certain people or entities
- Providing a Defense Service to a foreign person
You must ensure that any information that you will discuss or any proprietary, unpublished, or export-restricted data or information as that may constitute an unauthorized export items. Because you, as an individual, and UMBC can be held liable for improperly transferring controlled items or technology, it is important that you review the federal requirements. Most travel outside of the U.S for conferences will fall under an exclusion to the export control regulations and does not require a license when the sole purpose of the meeting is to present research findings that have been or are intended to be published, provided they do not concern detailed information regarding controlled items or technologies (information and items subject to Export Controls).
As you plan your trip, verify your technology or information you are taking with you falls into one or more of the following categories prior to travelling:
- Research which qualifies for the fundamental research exclusion
- Published information
- Publicly available software
- Educational information
- Patent applications
The US Department of State provides detailed information regarding any International Travel Information including warnings, Country Specific Information, Travel Alerts, and general Tips for Traveling Abroad. The FBI provides useful information for students and business travelers who go abroad, best practices for academics to follow (courtesy of Export Control Services, Office of Research, University of Pittsburgh), as well as a training video to help raise awareness of the foreign intelligence recruitment threat to U.S. college students while studying overseas. The FBI has developed information on avoiding the loss of intellectual property and theft of research related data during the course of collaborations, conversation or tours of UMBC facilities. For more information , click on the below:
- FBI Intellectual Property Protection
- FBI Elicitation Techniques
- FBI Counterintelligence Strategic Partnership Intelligence Note (SPIN) – Preventing the Loss of Academic Research
Please contact the ORPC at email@example.com or 410-455-2737 if you have any questions concerning the application and eligibility of the exemption. Also, if your plans include travel/collaboration with foreign universities and organizations that have export control restrictions, contact our office prior to initiating your plans. Finally, we are available to perform a restricted party screening for entities and individuals with whom you will be doing business.
Any physical material or technical data in your possession is considered by US regulations to have been “exported” from the US to your final destination and any intermediate destinations. There are exemptions from export licensing available for travelers carrying both university-owned equipment (“TMP”) and personal items (“BAG”). These exemptions are intended to cover commercially available computer equipment and other electronic devices used in business or general science applications. These exemptions DO NOT cover technology designed for a military application.
Generally, so long as you (1) retain your laptop computer, PDA, cell phone, data storage devices and encrypted software under your personal custody and effective control for the duration of your travel; (2) do not intend to keep these items in these countries for longer than 1 year; and (3) you are not traveling to Cuba, Iran, North Korea, Sudan or Syria, no government export license is required.
The TMP and BAG exemption have limitations that travelers need to understand:
- Travel to Iran, Syria, Cuba, North Korea and Sudan is not eligible for these exemptions
- Length of trip is limited to 12 months; a license may be required for longer periods
- Items must remain under “effective control” of the traveler at all times, meaning keeping your laptop computer, PDA, cell phone, data storage devices and encrypted software under your personal custody and effective control for the duration of your travel keeping it secured in a place such as a hotel safe
- These exemptions do not cover any hardware controlled under the United States Munitions List (USML) and high-tech encryption products (generally over 64 bit)
- Travelers cannot possess “controlled technical data” defined as “data required for the design, fabrication, operation, or maintenance of military or dual-use technology, and, not in the public domain or otherwise exempt from licensing requirements”.
The ORPC has created a “Tools of the Trade” Traveler Certification Letter for international travelers carrying university-owned equipment to confirm and certify that they meet the requirements of the exemption. The letter serves as a document that can be carried with the traveler and shown to US or foreign customs agents in the event that they are questioned about the content of their belongings. While there is no way to guarantee that the letter will prevent searches and seizures, it may demonstrate that the traveler is familiar with the regulations and responsible for the equipment that they are exporting.
Please complete the highlighted sections of the letter, return a scanned, signed version to firstname.lastname@example.org and keep it with you during your travel. This allows ORPC to handle the record retention requirement for using the exemption and will make it easier for us to assist in the event that there are any issues with Customs occurring during the trip.
(information courtesy of Adam Grant, UMCP Export Controls Office)
Researchers frequently need to take other university equipment temporarily outside of the United States for use in university research. Often, but not always, the tools of trade license exception applies. Some equipment (e.g., global positioning systems (GPS), thermal imaging cameras, inertial measurement units, and specialty software), are highly restricted and may require an export license to take with you, even if you hand carry it. If you are taking university equipment other than your laptop computer, PDA, cell phone, data storage devices contact ORPC to determine if an export license or other government approval is required prior to your taking the equipment out of the country.
The Department of the Treasury (OFAC), Department of Commerce (EAR) and Department of State (ITAR) administer economic and trade sanctions and maintain lists of sanctioned programs, entities and countries that restrict transactions and travel, or require licensing in order to travel to a foreign country, or to conduct business with a foreign entity or individual. Before considering travel to embargoed countries to conduct research or educational activities, check first with ORPC. A determination will be made by ORPC as to whether a license and/or permission is required. Some countries can require a specific license that may take several weeks to obtain.
Information on current lists of embargoed, sanctioned, restricted and/or prohibited countries are available on the following sites:
Department of the Treasury (OFAC) – Sanctioned Programs and Countries
Department of State (ITAR) – ITAR policies towards specific countries