OFAC and EAR/ITAR Embargoes

There are a number of countries subject to OFAC sanctions programs. The most widely known include Cuba, Iran, North Korea, and certain regions of Ukraine, and a complete list may be found on OFAC’s website. Note: Comprehensive sanctions on Syria were rescinded in 2025, but it is still subject to other country-based restrictions. Researchers should contact ORC before traveling to or interacting with individuals located in Syria.

Interactions with persons and organizations located in OFAC-sanctioned countries come with a great degree of risk and require careful analysis. Some of the sanctions apply to the import of goods and services from OFAC countries as well. While there may be similarities among the various country-based sanctions regulations, the regulations are unique to each country, such that restrictions on one country may not apply to same way to another comprehensively-sanctioned country.

The analysis of whether a proposed activity would be allowed must be made at the outset because, in the absence of an exception or exclusion, an OFAC license MUST be secured from the Treasury Department before initiating any transactions or dealings with those persons (including negotiations for a proposed activity). Only a handful of license exceptions and general licenses are available. Specific licenses can be applied for on an individual basis, but these licenses take many months (8-12 months, or longer) to receive.

Cuba and Iran

Comprehensive sanctions are in place against Cuba and Iran. Certain exceptions are available to researchers, though. First, certain activities which are incident to publishing research articles are permitted with persons in Cuba and Iran, and the academic and research institutions which employ them (but no other segment of the Government or other entities). See 31 CFR § 515.577 (Cuba), 31 CFR § 560.538 (Iran).

Second, the export of information available in the mass market and which is fully created and in existence as of the date of the transaction, such as published research articles, may also be exported. See 31 CFR § 515.206(a)(2) (Cuba), 31 CFR § 560.210(c)(2) (Iran), 31 CFR § 538.212(c)(2).

Third, some exceptions apply to travel. Travel to Iran is generally permitted, including payments for expenses ordinarily incident to such travel, including living expenses and buying goods or services for personal use. Because of the broad restrictions on services performed within Iran, though, the proposed work within Iran may require a license.

Travel to Cuba is highly regulated (other than the rules for travel to visit family in Cuba, which were modified in 2009), but several general licenses are available. ORC can provide up-to-date information on allowable travel to Cuba. ORC can also provide documentation of such allowability to travelers, as well as recommendations for ensuring compliance during travel and for recordkeeping. Guidelines and FAQs for travel to Cuba are available on OFAC’s website.

North Korea, and certain regions of Ukraine

Comprehensive sanctions are also in place against North Korea, and certain regions of Ukraine. Because travel to these areas are highly regulated and the regulations are evolving, researchers should contact ORC if they wish to plan travel to these countries.

Other OFAC-sanctioned Countries

Other countries subject to lesser OFAC trade sanctions include, for example, Belarus, Burundi, and Zimbabwe. These and other sanction programs are described on OFAC’s website.

Travel with Personal Electronics and GPS Devices

A Department of Commerce license may be needed in order to travel with a personal electronic (e.g., laptop, phone, tablet) or any GPS device to an OFAC-sanctioned country.

Students and Researchers in the United States

Different rules apply to participation of students and researchers from OFAC-sanctioned countries in educational or research activities in the United States. Universities may enroll or employ persons who are citizens of Cuba or Iran if they are permanent residents (green card holders) or are present in the U.S. under a valid visa. Some country-specific restrictions on payments, however, may still apply. These matters are addressed by OGA, which is charged with monitoring the activities of these persons while in the United States and reporting their activities to the Department of Homeland Security. Careful supervision of these persons is required to avoid a “deemed export” under the Department of Commerce regulations (EAR) or Department of State regulations (ITAR). Ordinary license exceptions and exclusions, however, apply to their activities within the United States, such as the fundamental research exclusion.

Export Control Laws and Activities with Persons in Embargoed Countries

Under the EAR, effectively all items that have a potential dual-use (commercial and military) are covered at the very least under a catch-all classification referred to as “EAR99.” Unless a license exception is available, EAR99 items may require a license for export to a person or entity in a Department of Commerce/EAR-embargoed country. In other words, the working assumption should be that all shipments or travel with goods to an EAR-embargoed country require a license (although a handful of country-specific license exceptions apply).

Compliance with State Department’s ITAR is more straightforward. ITAR regulations apply only to items (and related technical data) that are specifically designed, developed, configured, adapted, or modified for military applications—defense articles or services. This kind of technical data would most likely arise from a contract or subcontract with a United States national security/defense agency. The State Department has its own separate list of embargoed countries set out at 22 CFR § 126.1. More information is available on the State Department’s website.

In summary, undertaking activities with persons in an OFAC, EAR, or ITAR-embargoed countries (e.g., Cuba, Iran, North Korea, etc.) comes with additional compliance risks and requires extreme care and planning.