Distance Learning / Online Courses

Generally, the same rules of export / OFAC compliance apply to online education. University of Rochester faculty and staff should only share the following types of information and software through online education channels:

already published;

resulting from fundamental research; and/or

released by instruction in a catalog course or associated teaching laboratory of an academic institution

(see above about what is not subject to the EAR)

Be mindful of the location in which the recipient is present. For example, if the recipient of the information is in a country subject to OFAC sanctions (e.g. Cuba, Iran, North Korea, Syria), you must be aware of applicable U.S. export and OFAC restrictions. Also, companies may have contractual restrictions (e.g. through a user license agreement) on using, sending, sharing with individuals in companies subject to OFAC sanctions.

Example relevant carve outs in the OFAC Iranian Transactions and Sanctions Regulations (ITSR) and Cuban Assets Control Regulations (CACR) with respect to online learning (note that the carve outs only allow for online undergraduate courses):

Iran:

U.S. academic institutions, including their contractors, are authorized to export services:

. .

(iii) to individuals located in Iran, or located outside Iran but who are ordinarily resident in Iran, to sign up for and to participate in undergraduate level online courses (including Massive Open Online Courses, coursework not part of a degree seeking program, and fee-based courses) provided by U.S. academic institutions in the humanities, social sciences, law, or business provided that the courses are the equivalent of courses ordinarily required for the completion of undergraduate degree programs in the humanities, social sciences, law, or business, or are introductory undergraduate level science, technology, engineering, or math courses ordinarily required for the completion of undergraduate degree programs in the humanities, social sciences, law, or business.

. .

(see 31 C.F.R. Part 560 General License G)

Cuba:

...persons subject to U.S. jusrisdiciton, including U.S. academic institutions and their faculty, staff, and students, are authorized to engage in transactions, including the travel-related transactions set forth in §5515.560(c), that are directly incident to the following activities...

..

(x) Provision of internet-based courses, including distance learning and Massive Open Online Courses, to Cuban nationals, wherever located, provided that the course content is at the undergraduate level or below;

..

see 31 C.F.R. §515.565 Educational Activities

For more information about OFAC sanctions, please see the OFAC Sanctions page of this guidance.

If you have any questions, please contact Josef Mejido, the University's Export Control Officer.

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