Compliance & Integrity
International Travel
In general, travel to most countries is not a problem. Tighter export controls are in effect for countries that are comprehensively sanctioned or have restrictions on trade enforced by various departments of the U.S. government. The following, most comprehensively-sanctioned countries will require advance planning and coordination with our Export Control office: Cuba, Iran, North Korea, Sudan, and Syria. Contact us as soon as you anticipate travel to one of these countries.
US Embargoes & Sanction Programs
The Office of Foreign Assets Control (OFAC) is responsible for enforcing all U.S. embargoes and sanction programs. Depending on each country’s embargo or sanction program, different activities may or may not be prohibited without a specific government authorization or license. Some programs are comprehensive in nature and block the government and include broad-based trade restrictions, while others target specific individuals and entities.
The OFAC sanction programs can be generalized into two categories:
In general, under comprehensive sanctions programs, ALL interactions and activities are prohibited, including exporting to, importing from, financial transactions of any kind, and/or providing services of any kind. While essentially all interactions with comprehensively sanctioned countries are prohibited, there is an exception for informational materials that allows certain transactions to occur. See Publishing & Marketing General License.
Under limited sanctions programs only some activities (e.g., importation of items) are prohibited. Or list-based sanctions are targeted against specific individuals identified by the Treasury Department and referred to as Specially Designated Nationals (SDNs) or are targeted against specific groups of people usually associated with a governmental body or regime.
A number of the named individuals and entities on the Specially Designated Nationals (SDN) and Blocked Persons List are known to move from country to country and may end up in locations where they would be least expected. U.S. persons are prohibited from dealing with SDNs wherever they are located and all SDN assets are blocked. Entities that a person on the SDN List owns (defined as a direct or indirect ownership interest of 50% or more) are also blocked, regardless of whether that entity is separately named on the SDN List. Because OFAC’s programs are dynamic, it is very important to check with the University Export Control Official for screening of all foreign nationals or foreign organizations you are considering working with.
For additional information on a specific sanction program see OFAC Sanction Program Summaries.
Updated regulations related to Cuban Assets Controls Regulations have been provided by the Department of Treasury as of 6-6-19: https://www.treasury.gov/resource-center/sanctions/Programs/Documents/cuba_fact_sheet_20190604.pdf Cuba is still prohibited under most circumstances by U.S. State Department regulations. The recent change provides an exception under the Office of Foreign Assets Control (OFAC) general license for
“full time professionals whose travel transactions are directly related to attendance at professional meetings or conferences in Cuba organized by an international professional organization, institution, or association that regularly sponsors such meetings or conferences in other countries. The organization, institution, or association sponsoring the meeting may not be headquartered in the U.S. unless it has been specifically licensed to sponsor the meeting.”
It is very important that you work with the university ECO and check with OFAC to ensure that your conference or business purpose qualifies under the general license and/or a specific license. In addition, it is very important to note that while you may be authorized under the general license to travel to Cuba this does not automatically allow for the import of certain types of goods and or the provision of services. There are specific limitations on how much and on what things you can spend money on while in Cuba, and you will want to make sure that you are staying within the proscribed spending amounts (see State Department’s Travel Per Diem Allowances for Foreign Areas). Additionally, there may be specific license requirements for equipment that you might need to take (e.g., laptop computers, cell phones, flash drives, other wireless/encryption technology, and other items).
OFAC has summary information on travel restrictions to Cuba along with information on who to contact if you have questions or need additional information: http://www.treasury.gov/resource-center/sanctions/Programs/Pages/cuba.aspx.
If you are considering travel to Cuba, contact the University’s Export Control office at [email protected] as soon as possible to get an export control review of your plans and the types of items you would like to take so we can determine if any licenses would be required.
*Effective Sept. 24, 2020, persons subject to U.S. jurisdiction (U.S. Persons) are generally prohibited from lodging, paying for lodging, or making any reservations for or on behalf of a third party to lodge at any property that the U.S. Secretary of State identifies as owned or controlled by the Cuban government, a prohibited official of the Government of Cuba, a prohibited member of the Cuban Communist Party, or a close relative of these.
WHERE ARE YOU HEADED?
When traveling abroad, it is always a good idea to contact the appropriate U.S. Embassy or Consulate before you depart. To register your travel plans with an embassy and receive helpful safety and emergency information related to your destination, visit the Department of State’s Smart Traveler Enrollment Program. For more information about U.S. Embassies and Consular Offices visit USEmbassy.gov.
What Will You Be Doing and Who Will be Interacting with You?
It is important to ensure that you do not accidentally export restricted information or provide any type of assistance or benefit to a sanctioned or blocked entity. The following are a few things to keep in mind as you plan your travel activities:
When presenting data/information in an international setting (including in the U.S. where the audience may include foreign nationals), you need to ensure that you limit your presentation to only information or data that is published, or is publicly available, or that qualifies as Fundamental Research. Be careful not to include or discuss any proprietary, unpublished, or export-restricted data or information as that may constitute an unauthorized export.
Published or publicly available information or information generated as the result of Fundamental Research can be discussed openly as long as the recipient is not a sanctioned or specially designated entity, or an individual from such entity. It is important to remember that while the results/information resulting from Fundamental Research are not subject to export controls and can be shared without a license, any items, technology, or software generated under that Fundamental Research would be subject to export controls and may require an export license. For more information see Collaborations with International Colleagues.
Any university research activity done outside the U.S. may not qualify for the Fundamental Research Exclusion. Before disclosing or sharing information or data resulting from international field work it is important to ensure that the information is not export restricted.
In addition, please contact us as soon as possible if any of the following factors are involved with your research:
- Taking equipment other than items listed in the ECCN chart;
- Providing payments of any kind to a foreign person, university or organization;
- Purchasing or obtaining items or materials from international sources;
- Planning to bring back samples;
- Sending equipment, materials, or information from the U.S. to a foreign destination; or
- Potential or existing non-disclosure agreements or restrictions on the publication of research results.
To ensure compliance with OFAC regulations prohibiting the University from providing material or financial assistance to any blocked or sanctioned individual or entity, any university activity that involves payment to a non-U.S. person, business, or organization (e.g., international subcontracts, purchase of items from international vendors, or payments to research participants) must be verified against all appropriate sanctioned party and entity lists. Contact us for help with screening payees and verifying any international financial transaction(s).
Compliance with export control regulations is an individual responsibility. To help ensure smooth international travel and compliance, contact the University’s Export Control office at [email protected] as soon as possible if you have questions or concerns about export controls as they may apply to your travel plans.
What Are You Taking With You?
Research Data & Information
You are free to take and openly discuss any data or information that is published, in the public domain, is normally taught as part of a catalog course at UNCG, or that resulted from Fundamental Research. However, you cannot take or share data or information that is in any way export-restricted, such as information about export-controlled technologies, proprietary information, or the results of a project not protected under the Fundamental Research Exclusion. Sharing these types of information may constitute an unauthorized export. All controlled or restricted data and information should be completely removed from laptops, phones, PDAs, or other portable storage devices (e.g., flash drives) before you leave the U.S.
Items & Equipment
Taking certain items abroad (including scientific equipment, laptops, encryption software, cell phones, tablets, flash drives, cameras, and GPS units), should be verified that the items are not export restricted based on your travel destination(s). When transiting between countries you may be asked to provide an Export Control Classification Number (ECCN) for each item you take.
If you are traveling with items to one of the “comprehensively sanctioned” countries of Cuba, Iran, Syria, Sudan and North Korea, or providing access to your items to a citizen of one of those countries, an export license will most likely be required. Contact us in advance for help in determining your export license requirements.
Refer to the chart below for the ECCNs for equipment most commonly taken abroad.
Most commercially available basic software (such as Microsoft Office) is EAR99 and can be exported either individually or on your device without a license. However, proprietary software, software that includes encryption, and/or other complex software may require an export license and should be reviewed by the Export Control Office. Please contact us if your device includes any such software.
ECCNs for Common Travel Items*
ITEM | ECCN# | LICENSED AUTHORITY |
Dell Laptop (no encryption) | 4A994 | No Licensed Required (NLR) |
Mac Laptop | 5A992 | No Licensed Required (NLR) |
IPhones & IPads | 5A992 | No Licensed Required (NLR) |
Jump/Flash Drive (most) | 3A991 | No Licensed Required (NLR) |
Android Cell Phone/Tablets | 5A992 | No Licensed Required (NLR) |
Garmin GPS | 7A994 | No Licensed Required (NLR) |
Bitlocker Encryption | 5D992 | No Licensed Required (NLR) |
GoPro Camera | EAR99 | No Licensed Required (NLR) |
Foreign Travel with Computers & Other Electronic Devices
Quick summary: In most cases if you’re traveling to another country with a university-owned laptop with typical office productivity software, you will probably not need an export license as long as the equipment is always under your immediate control and returns to the US. If the travel involves an embargoed country, or you have non-retail-grade encryption software installed, or the laptop includes EAR- or ITAR-controlled technical data, or the hardware is unusually sophisticated, you should check with the Export Control Official (336-256-1173) for further advice.
If you will be temporarily traveling (less than one year) outside of the United States, you may take with you for activities related to your travel laptop computers, other portable computing devices, data storage devices and other equipment that people in your discipline would generally recognize as tools of trade as long as you maintain effective control of those items while you are outside of this country AND you are not traveling to an embargoed country (for current list, check: OFAC Sanctions Programs and Country Information). You maintain effective control over an item when you either retain physical possession of the item or you secure the item in such an environment as a hotel safe, a bonded warehouse, or a locked or guarded meeting or conference facility.
- The laptops and other computing and data storage devices are standard, off-the-shelf products that are broadly available; and
- The operating system and any encryption capabilities are of the kind that are preloaded on the computers and do not allow for user revisions to enhance communications security capabilities; and
- All of the application programs are general, commercially available software that either do not perform technical analyses; or, are general purpose scientific or engineering programs that are commercially available (e.g., for electric field calculations not aimed at a specific product); and
- All of the data stored on the computers or storage devices is publicly available (e.g., published in journals or on the web). Data and analyses from research that ordinarily would be published and are not restricted by contract from general dissemination can be treated as publicly available; and
- The travel is not to a country with special strong export controls, currently Cuba, Iran, Iraq, North Korea, Syria or Sudan; and
- You have no reason to believe that there are export constraints on any of the equipment, software, data or information that would apply to your intended travel.
There are many other devices and equipment for which there are minimal constraints under the export rules. If you have an issue with regard to maintaining effective control over an item, you might check with the people identified in the first paragraph above.
- Data or information received under an obligation of confidentiality.
- Data or analyses that result from a project for which there are contractual constraints on the dissemination of the research results.
- Computer software received with restrictions on export to or on access by foreign nationals.
- Devices or equipment received with restrictions on export to or on access by foreign nationals.
- Private information about research subjects
- Devices, systems or software that was specifically designed or modified for military or space applications.
- Classified information
- Hardware. Generally speaking, computer hardware is not subject to tight restrictions, though there are limitations on “high performance” computers exported to embargoed countries.*
- Software. US export laws impose significant restrictions on encryption software. Public domain software is often already licensed for export—this can be confirmed by checking with the vendor (e.g., www.microsoft.com/exporting/). Non-commercial encryption software in source code or object code is particularly likely to be restricted; please check with the Export Control Official (336-256-1173) if you have questions.
- Controlled data. If you are working on a project that involves EAR or ITAR controlled technologies, your laptop may contain controlled technical data that may not be shared with foreign parties without a license. It is critical that you inform the Export Control Official if such data may have been compromised while traveling due to the device being lost, stolen, or outside your control.
If the computer or other equipment is owned by UNCG, the equipment as well as any installed encryption software may be eligible for License Exception TMP (Temporary Exports). To qualify for this exception, the equipment:
- Must be a “tool of the trade”
- Must remain under your “effective control” while overseas. This means that it must remain in your personal possession or in a locked hotel safe (a locked hotel room is not sufficient) at all times.
- Must be returned to the US (or destroyed) within 12 months.
- May not be taken to embargoed countries*
If you personally own the equipment, it may qualify for License Exception BAG (Baggage). To qualify for this exception, the equipment and retail-level encryption software must be for your personal use in private or professional activities. “Strong” encryption software may also qualify for this exception, unless the travel (or traveler) involves embargoed countries*.
Beyond export laws, you should also be aware that traveling with electronic devices may result in unexpected disclosure of personal information. Certain countries are noted for accessing files upon entry, so you should be extremely careful about any proprietary, patentable, or sensitive information that may be stored on your device. (For certain countries, this includes material that might be perceived as pornographic, or culturally inappropriate.) Homeland Security personnel may also decide to inspect your laptop upon return to the US, in which case everything on the device is subject to inspection. You should be wary about including on a laptop that you take overseas any financial or other personal information that you would not want viewed without your permission.
If your university-owned laptop contains controlled software or sensitive data—particularly data that may be controlled under ITAR or EAR regulations—you might consider alternatives. For example, if the laptop is to be used only for making presentations, can you use a memory stick instead? If you are using the laptop for other purposes (such as email), can you instead take a “clean” computer that does not include the restricted software, data, or other sensitive information?
You should keep in mind and be prepared for the potential that customs inspectors in countries that you may visit, and in the United States when you return, may require that you allow them access to inspect the devices and equipment you have with you and all of the contents of the computers and storage devices. In the United States, the inspectors may take possession of those items for various periods of time, and even permanently depending upon the circumstances. The inspectors in other countries might do so as well.
- You plan to travel to France to do research on early French literature and would take a laptop computer and flash memory storage device with you. It is very likely that the export regulations would not require that you maintain effective control of the computer and memory, according to the guidance given above.
- You plan to travel to Japan to present a paper on the latest results of your research on a basic issue of physics. You plan to take a laptop computer and copies of some published papers with you. You do not have any information or computer software that was received under an obligation of confidentiality or a need to exclude the use of the software by foreign nationals. It is very likely that the export regulations would not require that you maintain effective control of the computer and memory, according to the guidance given above.
- You are planning to travel to Brazil to study some ancient ruins. You would like to take with you a laptop computer, a portable storage device, standard surveying equipment that is easily available throughout the world, and a PDA with GPS capabilities. You might need to maintain effective control over the PDA. If you do not feel you can maintain effective control, you should seek advice as noted above.
- You plan to bring a number of smart sensors to Australia for use in a research project to monitor stresses in a structure. Each smart sensor includes an acceleration sensor, a relatively low speed microprocessor and a low speed wireless communications capability. You would also take a laptop computer with communications capabilities to interact with the smart sensors. The export regulations likely would not require that you maintain effective control over them; but you should seek advice as noted in the first paragraph above in case there is an issue. You should not take with you any information or computer software received under an obligation of confidentiality or with restrictions on access by foreign nationals.
If you have questions, please check with the Export Control Official at [email protected].
UNCG’s laptop loaner program is sponsored by the IT Tech Support. For laptop request send an email to [email protected].
UNCG appreciates the use of information regarding international travel with laptops from the Office of Regulatory Compliance at UC Denver, Anschutz Medical Campus; and from the University of Colorado Boulder, Office of Research Administration & Support
Your Activities & Behavior
- In all of your activities, show discretion and common sense. MAINTAIN A LOW PROFILE. Refrain from any behavior that may make you conspicuous or a potential target. NEVER engage in any illegal activity, excessive drinking or gambling. Use your best judgment to carefully avoid any situation that may allow a foreign intelligence agency the opportunity to coerce or blackmail you.
- Do not discuss controlled or sensitive information in any vehicle, restaurant, hotel room, hotel lobby, or other public place. In any public place, your conversation may be overheard, or you may be monitored. If you need to call the U.S. to discuss controlled or sensitive information, locate a secure telephone by contacting the in-country FBI office or the U.S. Embassy.
- If you locate any possible surveillance equipment, such as microphones, telephone taps, miniature recording devices, or cameras, do not try to neutralize or dismantle it. Assume the device is operable and that active monitoring is ongoing. Report what you have found to the U.S. Embassy or Consulate. When you return, advise your local FBI agent.
- Never leave luggage or briefcases that contain controlled or sensitive information unattended (whether in the US or US Territory or not). This includes leaving your briefcase in your hotel room. We encourage you to keep your briefcase containing sensitive information in your immediate possession at all times.
- Foreign Intelligence Services may place you under physical surveillance or you may suspect that you are being watched. It is better to ignore the surveillance than attempt to lose or evade it. In any event your actions should be prudent and not likely to generate suspicion. Good precautionary measures are to use well-traveled highways and avoid establishing routine schedules.
- Never try to photograph military personnel, installations, or other “restricted areas”. It is best to also refrain from photographing police installations, industrial structures, transportation facilities and boarder areas.
- Beware of overly friendly or solicitous people that you meet. Do not establish personal or intimate relationships with these individuals as they may be employed by the intelligence service. Do not share any work related information with any person who does not have a need to know.
- Do not accept packages and agree to transport them back to the U.S. Even if your friends, relatives, and professional contacts, make the request, do not accept the package.
- If you will be on an extended visit and expect to be writing or receiving mail, remember that it may be subjected to censorship. Never make references to any controlled or sensitive information.
- Avoid any areas where there is political or ethnic unrest, demonstrations or protests.
- Should you be detained or arrested for any reason by the police or other officials, be cooperative, and contact the U.S. Embassy or Consulate immediately. Do not make any statements or sign any documents you do not fully understand until you have conferred with an Embassy representative.
- Do not leave documents in hotel safes.
- You may keep this travel briefing document for reference, but do not carry it with you.
Additional Travel Suggestions from the FBI
- You may also want to listen to the Department of State recorded messages at 202-647-5225, or look for updated information at the US Department of State Bureau of Consular Affairs.
- Carefully complete your Visa application, as it will be scrutinized. If you are a naturalized U.S. citizen returning to the country of your origin, your citizenship may be questioned.
- Ensure that items you carry with you are not controversial or prohibited. Political material or anything that could be considered pornographic should not be carried. If you carry prescription drugs with you, be certain that they are clearly marked and bring only necessary quantities.
- Carrying letters, packages or gifts to individuals in other countries should be avoided. You may be viewed as a courier attempting to bring the material for subversive or illegal purposes.
- DO NOT TAKE CONTROLLED MATERIAL with you as you travel.
- Limit the amount of identification that you take. If you have several forms of Government ID (i.e. University ID, building pass), bring only one ID with you (or the minimum required for entry and exit). Make a photocopy of any ID or credit card you will be bringing and leave the copy at home. Write down your passport number and keep it separate from your passport. Do the same with your address and telephone.
- The carrying of laptop computers is discouraged, but not prohibited. Consult your sponsor’s contracting officer before you take your laptop or similar computing equipment.
- An accurate declaration of all money and valuables should be made at entry. Some countries give the traveler a copy of the declaration, which must be surrendered upon leaving. It is important to keep receipts of all money exchanges, these frequently are required upon departure. Undeclared sums of U.S. or other currency are likely to cause difficulty with authorities and may be confiscated upon departure.
- Declare such items as cameras, radios, etc., to preclude possible explanations, customs charges, or confiscation when you leave.
- In some cases, especially non-westernized countries like Cuba, Syria, N. Korea, etc. you should contact the American Embassy or Consulate prior to your arrival, and provide your local address and the probable length of your visit.
- Use of public transportation is recommended rather than driving yourself, because involvement in traffic accidents can be problematic. Taxis are the preferred mode of transportation. State Department travel advisories provide updated information regarding public transportation concerns in the country you are visiting.
Upon Your Return
Contact your local FBI agent to report suspicious foreign contacts and any unusual incidents. If you have a security clearance through a third party, you may need to receive a security debriefing if you have been abroad for more than a certain number of days that is established by the third-party security office. You are required to report all contacts with individuals of any nationality, either within or outside the scope of your official activities in which:
- Illegal or unauthorized access is sought to controlled or sensitive information
- you are concerned that you may be the target of an actual or attempted exploitation by a foreign entity.