New Mexico Tech (NMT) is committed to promoting an open academic environment that
supports the free exchange of knowledge generated through teaching and research. However,
international engagement—including research collaboration, travel, and technology
sharing—is subject to federal export control laws and institutional policies.
NMT encourages its community members to stay informed and work closely with the Export
Control Officer when planning activities that may involve restricted technologies
or interactions with foreign nationals.
This page serves as an introduction to export control regulations and their relevance
to NMT’s research and academic activities.
Fundamental Research Exemption*
Research conducted at universities is typically exempt from export controls if it
qualifies as fundamental research—basic or applied work in science and engineering
that is intended for public dissemination and not subject to access restrictions.
Both EAR and ITAR recognize this exemption.
At New Mexico Tech (NMT), the freedom to publish and share research is a foundational
value. If research is openly publishable and accessible to all participants, including
foreign nationals, it does not fall under EAR or ITAR regulation.
*Important Note on Tangible Items
This exemption does not apply to physical goods. If you are creating, sharing, or
shipping tangible items internationally—including those covered by a Materials Transfer
Agreement (MTA)—you must confirm whether they are controlled under EAR, ITAR, or OFAC
regulations.
NMT EXPORT COMPLIANCE PROGRAM
Export Compliance
The goal of the NMT Export Compliance Program is to maintain full compliance with
all applicable export control laws, regulations, and statutes. The program is implemented
across all university functions and is designed to be as effective and business-friendly
as possible. New Mexico Tech (NMT) complies fully with ITAR and EAR through a structured framework
that applies to activities involving:
Research and development
Testing and evaluation
Use and potential export of controlled technology beyond Fundamental Research
Key U.S. Export Control Regulations: ITAR and EAR
The International Traffic in Arms Regulations (ITAR) and the Export Administration
Regulations (EAR) are two major U.S. export control laws that govern the manufacturing,
sale, and distribution of sensitive technology. These regulations aim to prevent the unauthorized disclosure or transfer of controlled
technologies and data to foreign nationals. Specifically:
ITAR governs defense-related articles and services listed on the U.S. Munitions List
(USML).
EAR oversees commercial items, including dual-use technologies, listed on the Commerce
Control List (CCL).
What Are Export Controls?
U.S. export controls are a set of federal laws designed to protect national security,
support economic interests, prevent the spread of weapons of mass destruction, and
advance foreign policy goals. These laws regulate the transfer of technology, data,
and items to foreign countries or foreign nationals within the U.S. They apply to
all individuals and institutions, including New Mexico Tech (NMT)—its faculty, staff,
students, and visitors.
What Do Universities Export?
Universities primarily export controlled technical data and research information.
Physical items such as samples, prototypes, or other NMT-owned materials may also
be subject to export control requirements.
Export controls may apply beyond research—such as international travel, shipping,
hosting foreign visitors, or engaging in global collaborations and partnerships. It’s
important for the NMT community to understand how these regulations impact university
operations.
NMT Export Control Officer
The Export Control Officer (ECO) within the NMT Office of Research Compliance & Safety
serves as the institutional expert on U.S. export control laws and regulations. This
role includes managing controlled research activities and applying for government
licenses on behalf of New Mexico Tech. The NMT ECO provides guidance on export controls
to faculty, staff, and students across the institution.
New Mexico Tech complies fully with all federal and state laws governing export controls.
All NMT programs and projects must adhere to applicable regulations, including:
International Traffic in Arms Regulations (ITAR)
Export Administration Regulations (EAR)
Office of Foreign Assets Control (OFAC) sanctions and embargoes
Violating export control regulations can lead to serious consequences for both individuals
and institutions. Penalties may include:
Loss of export privileges
Suspension or debarment from government contracts
Fines exceeding $1 million per violation
Prison sentences of up to 20 years per violation
New Mexico Tech and its community members are responsible for ensuring compliance
to avoid these risks and uphold the university’s commitment to lawful and ethical
research practices.
WHEN EXPORT CONTROLS MIGHT BE TRIGGERED
Do Export Controls Apply to Me?
Most campus activities are not subject to export controls or licensing requirements,
thanks to common exclusions such as:
Fundamental research
Public domain or publicly available information
Educational instruction
However, export controls may still affect activities both on campus and abroad, including:
Restricted research (e.g. limitations based on nationality or publication)
International shipping
Travel for fieldwork, conferences, or other academic activities
International collaborations
Visits to countries under embargo or trade sanctions
Hiring foreign nationals under visa sponsorship
Signing non-disclosure or confidentiality agreements
Hosting foreign scholars or visitors
Teaching courses abroad or online
If any of these apply to you, please explore the resources available through this
site and reach out to the Export Control Officer for guidance.
EXPORT CONTROL TRAINING & RESOURCES
Responsible Conduct of Research (RCR) Training
New Mexico Tech provides access to Collaborative Institutional Training Initiative
(CITI) courses, which include modules on export control compliance.
Register with CITI under New Mexico Institute of Mining and Technology if you don’t yet have an account.
Select the Export Compliance training. The available modules vary based on your role (e.g., NMT PI, Admins, Students/Post-docs)
and the type of research you're involved in.
These trainings help ensure NMT’s commitment to responsible, lawful research practices
across all disciplines.
MALIGN FOREIGN TALENT RECRUITMENT PROGRAMS
What Is a Malign Foreign Talent Recruitment Program (MFTRP)?
Under the CHIPS and Science Act of 2022, Congress defines Malign Foreign Talent Recruitment
Programs (MFTRPs) as activities sponsored by a country of concern or certain foreign
academic institutions that pose a risk to national security or research integrity.
In alignment with federal requirements, New Mexico Tech (NMT) prohibits participation
in malign foreign talent recruitment programs (MFTRPs) for all employees. This policy
ensures compliance with funding restrictions under the CHIPS & Science Act of 2022.
These programs often display one or more of the following characteristics:
Unauthorized transfer of intellectual property or nonpublic information
Recruitment of trainees or researchers to join the program
Establishment of labs or employment abroad that violate federal research award terms
Inability to voluntarily terminate the program agreement
Redundant or overlapping commitments that strain research obligations
Research funded by a foreign government
Omission of U.S. institution or funding agency in publications or presentations
Failure to disclose participation in the program
Conflicts of interest or commitment that compromise objectivity
Countries of concern are identified and updated by the U.S. Department of State. NMT employees should consult official resources and report concerns to the Office of Research Compliance.
Per NSF’s Proposal and Award Policies and Procedures Guide (PAPPG), starting June 7, 2025, the following certification is required:
All PIs and co-PIs listed on an NSF award made on or after May 20, 2024 must certify annually via Research.gov that they are not affiliated with a MFTRP.
Individuals currently associated with a MFTRP are not eligible to serve as senior/key
personnel on NSF proposals or awards issued after May 20, 2024.
NSF will notify impacted researchers of the requirement. Certification is completed
under the Academic/Professional Information section in Research.gov.
Additional notes:
The 2025 DoD Component Decision Matrix—to support mitigation planning for fundamental research—is available HERE.
No institutional certification is required—certification is individual.
One annual certification covers all applicable awards.
Future NSF updates may expand certification to all senior/key personnel.
Guidance for Authorized Organizational Representatives (AORs) is included in PAPPG Chapter II.D.1.d(ix).
Presidential Guidelines on Foreign Talent Recruitment Programs
In February 2024, the Executive Office of the President issued a memorandum to federal
research agencies outlining compliance expectations related to Foreign Talent Recruitment
Programs (FTRPs) and Malign Foreign Talent Recruitment Programs (MFTRPs). These guidelines
were developed under the CHIPS and Science Act of 2022 and reference lists created
by the John S. McCain National Defense Authorization Act for FY 2019:
Section 1286(c)(9): Identifies foreign talent recruitment programs considered problematic.
Federal agencies are required to ensure that individuals participating in federally
funded research are not affiliated with any program or institution on these lists.
Covered individuals must certify non-participation and may be required to providesupporting documentation.
EXPORT CONTROL TOOLS
To support export control compliance, the following tools are available:
For assistance with form completion or guidance on whether an export license may be
required, contact the Office of Research Compliance & Safety. Obtaining a government-issued
export license can take time, so please plan accordingly and start early if your activity
involves controlled technologies or international collaboration.
