EXPORT AND SANCTIONS POLICY

Export and Sanctions Compliance Policy

Agathon University

Purpose

Agathon University seeks to operate in full compliance with United States federal export control and economic sanctions laws and regulations, which govern the export of technologies, services, funds, and products to designated foreign countries, entities, or persons, including foreign persons located in the United States. The purpose of this Policy is to ensure compliance with these regulations and to safeguard University assets, research, and operations.

Scope

This Policy applies to all members of the Agathon University community (“Community Members”), including but not limited to faculty, staff, learners, volunteers, suppliers, vendors, consultants, contractors, visiting scholars, and other external parties with whom the University has a relationship or conducts business on behalf of the University.

Definitions

For the purposes of this Policy, the following terms have the meanings set forth below:

Controlled Information
Controlled Information refers to any information, technology, technical data, software, or physical items or components regulated under the U.S. Department of State’s International Traffic in Arms Regulations (“ITAR”), 22 CFR 120 et seq., or the U.S. Department of Commerce’s Export Administration Regulations (“EAR”), 15 CFR 730 et seq.

Deemed Export
A Deemed Export is the release, transfer, or disclosure of controlled technology or source code to a non-U.S. Person within the United States, including through visual inspection, oral exchanges, or electronic access.

Export
Export refers to the shipment, transfer, transmission, release, or disclosure of export-controlled software, technology, services, financial funds, technical data, materials, or information from the United States to a foreign country or to a non-U.S. Person, whether located inside or outside the United States.

Export Control
Export Control refers to the legal and regulatory framework governing the transfer of goods, technology, software, services, and information across international borders or to non-U.S. Persons located in the United States.

Non-U.S. Person
A Non-U.S. Person is any individual who is not a U.S. citizen, lawful permanent resident, or protected individual under U.S. law. This term also includes foreign corporations, business associations, partnerships, trusts, societies, or other entities organized under foreign laws, as well as international organizations, foreign governments, and any agency or subdivision thereof.

Policy

All Community Members must comply with all applicable United States export control and economic sanctions laws and regulations, including but not limited to the EAR, ITAR, and regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), 31 CFR 500 et seq., as well as all University procedures and guidelines related to export controls.

Export control and sanctions laws may be implicated in activities including, but not limited to, the following:

• Entering into partnerships or collaborations with non-U.S. companies, institutions, or individuals;

• Hosting visiting scholars, researchers, or students where activities involve access to or development of export-controlled technology or information;

• Conducting research involving Controlled Information, military, defense, or dual-use applications;

• Shipping, mailing, or hand-carrying equipment, materials, biologicals, samples, or scientific instruments outside the United States, including laptops, mobile devices, GPS equipment, or devices containing encrypted or proprietary software;

• Traveling to sanctioned or restricted countries for teaching, research, service, or other University-related activities;

• Traveling internationally with devices or data containing Controlled Information or proprietary University information;

• Enrolling individuals or providing educational services, course materials, software, or research data to persons residing in restricted or sanctioned countries or to restricted parties;

• Participation in online or virtual courses or programs while physically located in a restricted or sanctioned country;

• Any collaboration, transaction, or financial activity involving a restricted country, individual, or entity.

Export control and sanctions regulations vary significantly by country and by the nature of the restriction. Some sanctions apply comprehensively to an entire country, while others target specific individuals or entities. The list of sanctioned countries and restricted parties is updated periodically and is maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control.

Enforcement and Disciplinary Action

Failure by leadership, faculty, staff, or administration to comply with this Policy may result in disciplinary action, up to and including termination of status, in accordance with University policies and applicable law.

Learners are required to comply with University policies and applicable federal laws restricting the sharing of certain information, technology, software, services, or funds with restricted persons or countries. Prohibited activities include, but are not limited to, traveling to restricted countries for University-related purposes without authorization, accessing University-issued accounts from restricted locations, or distributing course materials, software, or research data abroad without approval. Violations may result in disciplinary action and may also expose the individual to civil and criminal liability.

Recordkeeping

All University departments and employees must maintain complete and accurate records related to exports, deemed exports, and related activities for a minimum of ten (10) years from the date of the export or transaction, or longer if required by applicable law.

Reporting

University employees and Community Members are required to promptly report any known or suspected violations of this Policy or applicable export control or sanctions laws. Reports may be made through designated reporting channels.

Agathon University strictly prohibits retaliation against any individual who reports, in good faith, a potential or actual violation of this Policy or applicable law. Prohibited retaliation includes threats, coercion, intimidation, harassment, or discrimination. Any individual found to have engaged in retaliation will be subject to disciplinary action.

Criminal and Civil Penalties

Failure to comply with export control and sanctions laws may result in severe civil and criminal penalties for both the individual and the University, including fines of up to $1,000,000 per violation and imprisonment of up to twenty (20) years, depending on the nature of the offense.