On May 16, 2019, the Department of Commerce (DOC) added Huawei Technologies Co., Ltd. (along with seventy-two non-U.S. affiliates) to the Export Administration Regulations (EAR) Restricted Entity List (REL). The U.S. takes this action when foreign persons and entities have engaged in activities contrary to U.S. national security and/or foreign policy interests.
Being placed on the REL triggers export licensing requirements for sharing technology (in any form) with that entity. Therefore, before engaging in conversations with a restricted entity, or if you are not sure if an entity is on the REL, please contact Marci Copeland, Export Control Officer for assistance. It is important to do so as any technology sharing will require an export license unless all information to be exchanged is already publicly available or resulted from fundamental research (please see below for more information). You may also use this Consolidated Screening List tool, but please consult with Export Control to determine if your result(s) is/are a match. Additional information and general guidance are available on the Office of Research’s Restricted Entities webpage.
Information under the Export Administration Regulations (EAR)
- Public domain information – is information that is already published or otherwise publicly available (e.g., available on publicly accessible websites). This information may be freely exchanged. See here for more information on exemptions for publicly available information.
- Information resulting from fundamental research – is defined in the EAR as technology or software that arises during, or results from, fundamental research and is intended to be published. See here for more information on fundamental research.
Please note that information controlled under the International Traffic in Arms Regulations (ITAR) always requires an export license for disclosure to a Foreign National as defined under the ITAR and to all destinations. See here for more information on ITAR regulations.
The Office of Research is working with colleagues from UCOP and other UC campuses to provide more comprehensive and systemwide guidance related to Huawei. If you have any questions, please let us know.
Pramod Khargonekar, Ph.D.
Vice Chancellor for Research
Distinguished Professor of Electrical Engineering & Computer Science