Export Controls touch many aspects of university life. An area of particular concern for universities is how the conduct of research intersects with export controls. PSU strives to foster an environment where the free exchange of knowledge and information is encouraged. However, some research is subject to export controls, and this must be managed to fulfill PSU’s responsibility as an exporter to prevent unauthorized controlled exports, including deemed exports.
Universities have a range of tools at their disposal to ensure that research and other activities conducted on campus do not violate US export regulations. As the ways that university activities intersect with US export regulations become better known, it is likely that government enforcement action in the academic realm will increase. PSU, in its commitment to ensure compliance with all federal regulations affecting research, has established an export compliance program. The Compliance Officer, housed in Research and Graduate Studies, is responsible for assisting PSU researchers with all export compliance related issues.
Research activities that could trigger export control issues:
Transportation of equipment outside of the US – All transfers of equipment or other items outside of the jurisdiction of the US is an export, even if it is only a temporary move. It does not make a difference what the transportation mode is. So hand carrying equipment abroad is the same as having it shipped from an export control perspective. In certain situations, a license exception may be available for an export that would otherwise require an export license. An export control evaluation should be performed with as much lead time as possible to determine if a license would be required for a particular export.
Foreign national participation in research affected by export controls – Depending on the nature of the research, what materials or technology is required to conduct the research, and what party is sponsoring the research, export controls could be triggered if a foreign national (anyone who is not a US citizen, lawful permanent resident, or has protected status) is working on the project. Any technology or technical data that is transferred to a foreign national is considered an export to their home country.
Allowing foreign nationals to access export controlled items or technology – If a device, materials, documentation, item, or software being used to carry out research, or simply residing in a lab, is export controlled (especially ITAR controlled) it must be secured at all times when not in use. This is because the regulations employ a wider definition of disclosure than is commonly in use. In some situations, a foreign national simply laying eyes upon a controlled item constitutes an export, and if a license has not been previously acquired, then that export would be a violation.
Presenting previously unpublished research at conferences or meeting abroad—presenting overseas is generally not affected by export controls. But researchers should be cautious when presenting not to reveal any information not in the public domain without knowing the export control implications of such a transfer of knowledge. Researchers also should always contact the ECO if they are planning to attend a conference in any country subject to US sanctions. Click here for a list of sanctioned countries.
Contact:
Research and Graduate Studies
Richard and Maurine Neuberger Center, Suite 620
1600 SW Fourth Ave.
Portland, Oregon 97201
Phone: 503-725-9944
Fax: 503-725-8170
Email: export@pdx.edu