Export Compliance Program
The International Traffic in Arms Regulations (ITAR) and the Export Administration Regulation (EAR) are two important United States export control laws that affect the manufacturing, sales and distribution of technology.
These regulations seek to control access to specific types of technology and associated data. The overarching goal of these regulations and associated legislation is to prevent the disclosure or transfer of sensitive information to a foreign national. ITAR contains a United States Munitions List (USML) of restricted articles and services. EAR contains a Commerce Control List (CCL) of regulated commercial items, including those items that have both military and commercial applications.
New Mexico Tech’s efforts to comply with the ITAR and EAR are detailed below. It is a framework for NMT employees engaged in development, research, testing, evaluation, use and possible export of technology that is beyond Fundamental Research. This page is intended to provide a basic understanding of export control regulations
The aim of NMT’s Export Compliance Program is to achieve and sustain an exceptional program of compliance with export laws, regulations, codes and statues, by all University’ activities and to implement this program in the most “business friendly” manner possible.
Overview of Export Laws and Regulations
U.S. export laws—administered by the Departments of Commerce, State, and Treasury—restrict access to certain information, goods, and technologies for national security and trade protection. These regulations affect four main types of university activities:
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Transferring controlled information (e.g., technical data) to individuals or entities outside the U.S.
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Shipping controlled physical items (e.g., scientific equipment) abroad, which may require an export license.
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Sharing controlled technical information with foreign nationals—by any means, including verbal or electronic—regardless of location. This is called a “deemed export” and is treated as an export to the individual’s home country.
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Traveling to sanctioned or embargoed countries for teaching or research purposes.
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Most exports don’t require a license. However, licenses are needed for items classified as “controlled” under:
| Regulation | Administered By | Focus |
|---|---|---|
| EAR (Export Administration Regulations) | Department of Commerce | Dual-use items (e.g., computers, pathogens) |
| ITAR (International Traffic in Arms Regulations) | Department of State | Defense-related items and services |
| OFAC(Office of Foreign Assets Control) | Department of the Treasury | Sanctions and embargoes |
University research is generally exempt from export controls if it qualifies as fundamental research—i.e., basic or applied research in science and engineering that is intended for broad publication and not subject to access restrictions. Both EAR and ITAR recognize this exemption.
At New Mexico Tech, the right to publish and share research is a core value. As long as research is openly publishable and foreign nationals can participate without restriction, it is not subject to EAR or ITAR.
Important Note on Tangible Items
The fundamental research exemption does not apply to physical items. If you are creating or sending tangible items (including those under a materials transfer agreement) abroad, you must check whether they are controlled under EAR, ITAR, or OFAC.
May 9th Faculty In-Service Research Compliance Slides - PDF
Export Control Forms:
Pre-Proposal Research Compliance Screening Form SmartSheet Form
For assistance with this process and with obtaining an export license if necessary, please contact the New Mexico Tech's Office of Research Compliance. The process of obtaining an export license from the government can be lengthy, so please plan accordingly.
EAR/ITAR Tools
ECTI Quick Reference Flip Chart (PDF)
ITAR Flowchart
EAR Flowchart
Responsible Conduct of Research Training
New Mexico Tech has a subscription to Collaborative Institutional Training Initiative (CITI). There are various trainings available including export control. Please visit the Responsible & Ethical Conduct of Research site. If you do not have account please register for an account under New Mexico Institute of Mining and Technology. The Export Compliance courses available have various modules that are applicable depending on your role and what type of research you are doing.
Malign Foreign Talent Recruitment Programs
The CHIPS & Science Act of 2022 - External Link
Contact coi@nmt.edu for more info or visit the NMT Policies Page
Federal funding agencies are prohibited from issuing funding to faculty engaged in a malign foreign talent recruitment program. As such, the university prohibits participation in a malign foreign talent recruitment for all employees.
*NEW Annual Malign Foreign Talent Recruitment Program Certification*
Starting on June 7, 2025, in accordance with the NSF Proposal and Award Policies and Procedures Guide (PAPPG) Chapter II.D.1.e(ii), all PIs or co-PIs named on an NSF award made on or after May 20, 2024, must certify annually in Research.gov that they are not party to a MFTRP. Individuals who are currently a party to a MFTRP are not eligible to serve as senior/key personnel on an NSF proposal or on any NSF award made on or after May 20, 2024. NSF is providing notification of this new requirement to impacted PIs and co-PIs.
2025 DoD Component Decision Matrix to Inform Fundamental Research Proposal Mitigation Decisions can be found HERE.
What you need to know about completing the required MFTRP certification in Research.gov:
- There is no organizational certification requirement, the certification requirement is for PIs and co-PIs.
- Impacted PIs and co-PIs will be prompted to complete the MFTRP certification after signing into Research.gov using the Sign In link at the top of www.Research.gov.
- PIs and co-PIs with more than one active award made on or after May 20, 2024, are only required to certify once, annually.
- Once completed, PIs and co-PIs can view their MFTRP certification response under the Academic/Professional Information section of their profile.
- NSF is working to expand the MFTRP annual certification requirement for all senior/key personnel roles at a future date. Additionally, NSF is working to provide organizations with access to the annual certifications.
- Please see PAPPG Chapter II.D.1.d(ix) for information about Authorized Organizational Representative (AOR) responsibilities regarding senior/key personnel MFTRP certifications.
- Frequently Asked Questions and MFTRP contract examples will be available on the MFTRP section of the Office of the Chief of Research Security Strategy and Policy website shortly.
Malign Foreign Talent Recruitment Programs
Export Control Contacts:
Val Thomas, Export Control Officer - 575-835-5749 or Val.Thomas@nmt.edu
All General Questions may be directed to: export@npe.nmt.edu.
The process of obtaining an export license from the government can be lengthy, so please plan accordingly.