Inside the United States, any person, including Non-U.S. persons may purchase and use EAR export controlled pathogens and toxins for fundamental research. However, the “deemed” export rule applies to any technical information (proprietary, confidential, or export controlled) provided by a third party to the University if the technical information is NOT publicly available. The PI may need a “deemed” export license to provide such information to a Non-U.S. person on campus. In addition, the export of EAR controlled pathogens or toxins outside the U.S. is regulated by the Commerce Department, the Food and Drug Administration (FDA), and the Drug Enforcement Administration (DEA).
The University must apply for the appropriate export license before shipment. The Bureau of Industry and Security provides cross-references under the Commerce Control List (CCL) Category 1 – Materials Chemicals Microorganisms and Toxins to these other agency controls for convenience only. Therefore, please consult relevant FDA and DEA regulations for guidance related to the item you wish to export, and do not rely solely on the EAR for information about other agency export control requirements. Please review Procedures on Shipping Biological, Chemical, and Radiological Materials (PDF) if you are shipping these materials or contact the Office of Research Integrity for assistance.
