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Executive Order No. 49, issued 1-24-23; Amended 11-21-24.

1. Statement of Purpose
   
   1. This rule addresses the University’s compliance with U.S. export control and sanctions laws and regulations (“export controls”). The University is committed to export control compliance in all activities that may result in an export or sanctioned transaction with a foreign person, entity, or country.
   2. Unless otherwise indicated, this rule applies to all transactions by the �������� System, its administration, and four universities and all of their component parts (hereafter referred to as "University" or "UM System"), regardless of whether or not those transactions are research related, and is intended to comply with the Foreign Assets Control Regulations (“FACR”) at 31 CFR §§ 500-599, the International Traffic in Arms Regulations (“ITAR”) at 22 CFR §§ 120-130, the Export Administration Regulations (“EAR”) at 15 CFR §§ 730-799, the Foreign Trade Regulations (“FTR”) at 15 CFR § 30, and other similar regulations to which export controls or sanctions apply.
2. Scope and Compliance Policy
   
   1. This rule applies to all University employees, students, contractors, consultants, and any other persons acting on behalf of or at the direction of the University.
   2. No person may do or facilitate anyone doing any of the following on behalf of the University:
      
      1. Engaging in transactions prohibited by the Foreign Assets Control Regulations (FACR) or other sanctions programs administered by the U.S. Department of the Treasury, unless otherwise authorized;
      2. Exporting items, technical data, or defense services subject to the ITAR other than as authorized by the U.S. Department of State;
      3. Exporting items, technology, or software subject to the EAR other than as authorized by the U.S. Department of Commerce; or
      4. Violating any other U.S. export control law or regulation.
   3. All persons must be mindful of export control requirements across all University activities. This includes, but is not limited to, the considerations listed below. This list is only illustrative, and compliance will be determined by applicable statutes and regulations in place at the relevant time, so all persons should seek guidance whenever activities may involve exports or involve interactions with countries, persons, or entities subject to sanctions.
      
      1. Performing any service of value for a person or entity located in a sanctioned destination (regardless of that person’s citizenship) may be regulated by the FACR.

      2. The ITAR and EAR regulate the transfer of controlled items, technical data, technology, and software to foreign persons or destinations, in addition to regulating defense services. An export may include:

         1) An actual shipment or transmission out of the United States, including the sending or taking of an item out of the United States, in any manner;
         2) Releasing or otherwise transferring technical data or technology (including software) to a foreign person in the United States (a “deemed export”);
         3) Transferring registration, control, or ownership of any spacecraft, aircraft, vessel, or satellite by a U.S. Person to a foreign person;
         4) Releasing or otherwise transferring a defense article to an embassy or to any of its agencies or subdivisions, such as a diplomatic mission or consulate, in the United States;
         5) Performing a defense service on behalf of, or for the benefit of, a foreign person, whether in the United States or abroad; or
         6) The release of previously encrypted technical data.

      3. The following types of technical data, technology, and software generally may be exempt from export control regulations:

         1) Publicly available information. Technical data and technology may be considered publicly available when they are generally accessible or available to the public through sales at newsstands and bookstores; through subscriptions which are available without restriction to any individual who desires to obtain or purchase the published information; through second class mailing privileges granted by the U.S. Government; at libraries open to the public or from which the public can obtain documents; through patents available at any patent office; through unlimited distribution at a conference, meeting, seminar, trade show or exhibition, generally accessible to the public, in the United States; or through public release (i.e., unlimited distribution) in any form (e.g., not necessarily in published form) after approval by the cognizant U.S. government department or agency.
         2) Educational information. T