Export Control Part 2 of 2

US Export Control Laws: Is Your Research Affected? Part Two of Two

In our last issue, we discussed how to determine if your research is subject to the US Export Control laws. In this issue, we continue by addressing some additional considerations you must take into account if you do determine your research is regulated by the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulations (EAR). It is important to remember that if you are in doubt or need assistance identifying if your research is regulated and, if so, to what restrictions you must adhere, you should contact the Office of Sponsored Programs for guidance.

Participation of Foreign Nationals/Persons in Your Research

The export control regulations may not allow foreign nationals/persons who are not full-time employees of the University to participate in your research if it is regulated by ITAR or EAR. Foreign nationals/persons might include faculty, staff, post-doctoral scholars, visiting faculty, graduate students, research or teaching assistants, among others. If you want to involve a foreign national/person in your regulated research, you should contact the Senior Vice President for Research prior to involving such person(s) in your research in any way. The Senior Vice President for Research will refer you to someone who can help determine if such person(s) can be involved in your research in any capacity.

Hiring or Using Foreign Nationals/Persons

In order for any foreign national/person to be considered for participation in regulated research, he/she must be willing to sign certain agreements prior to involvement in the research. Foreign nationals/persons who are:

• Hired to be, or are, bona fide, full-time employees of the University, and
• Who are not citizens of a country to which exports are prohibited, and
• Whose duties include the performance of sponsored research
• Who may have access to technical data (as defined in the ITAR)

must sign a statement that they will maintain a permanent residence in the United States during their period of employment. Additionally, they must also agree that they will not disclose, export, or transfer technical data to any other foreign national/person without written approval of the U.S. Department of State unless the recipient has executed a similar statement for the University, is a full-time employee of the University, and has a need to know.

Presentation of Previously Unpublished Research Data at Conferences

When you are conducting research regulated by ITAR or EAR, you must consider certain restrictions on presenting your unpublished research data at professional conferences prior to delivering your presentation. Generally the determination depends on the location of the conference and whether or not it is open to the public.

Allowable Presentations for ITAR Regulated Research

You may present previously unpublished regulated research data at conferences held within the US that are generally open to the public. When the conference is to be held outside of the US or is not generally accessible to the public, you must contact the Senior Vice President for Research for guidance prior to making your presentation.

Allowable Presentations for EAR Regulated Research

You may present previously unpublished EAR regulated research data at open conferences held in any location, nationally or internationally. If the conference is not an open conference, you must contact the Senior Vice President for Research for guidance prior to making your presentation. EAR considers a conference to be open "if all technically qualified members of the public are eligible to attend and attendees are permitted to take notes or otherwise make a personal record (not necessarily a recording) of the proceedings and presentations." [15 CFR 734.7(4)]