Travel abroad inherently involves exports, and by extension, export risk. Even personal baggage is considered a temporary export. Although international travel can be an integral part of the academic experience, it also presents a range of legal and safety concerns that should be addressed before the traveler departs. Many export control violations occur as a result of trips abroad, whether the trip is for business reasons, or is personal travel. Travelers are expected to comply with US export controls while traveling abroad, therefore it is a prudent step to have contemplated trips reviewed by the ECO if there are any export compliance concerns, as the penalties for violation of export controls can be severe.
When it comes to export compliance, destination countries carry varying levels of risk. Some destinations in and of themselves are red flags and require a detailed evaluation of the planned activities. Travel to any country subject to US trade sanctions presents a high risk of violating regulations administered by the Office of Foreign Assets Control (OFAC) of the Department of the Treasury. Unlike the International Traffic in Arms Regulations and the Export Administration Regulations, there is no single set of regulations that enforce trade sanctions. Instead, each sanctions regime is in and of itself a distinct set of regulations. Trips to sanctioned countries will require a detailed evaluation, which should be performed as far in advance of the trip as possible. If it is determined that the traveler will need a license from OFAC to do a planned activity, a large amount of lead time will be required. Click here for a list of currently sanctioned countries.
Countries not currently the target of US sanctions can present other risks, including espionage and safety issues. Academic travelers are frequently targeted by foreign intelligence agencies. Travelers should keep in mind that if they had to apply for a visa to enter a country, that country’s government knows who you are, what you do for a living, when you are arriving, why you are visiting the country, and possibly where you are staying. This information can be used to target you in any number of ways. Travelers should check state department warnings and other information regarding destination countries. The ECO can provide further guidance in how to avoid inadvertently releasing sensitive information or data when abroad.
Items carried with travelers are subject to US export controls, even if they are brought abroad temporarily. This type of export is known as a hand carried export. In addition to tangible items, any technical data, information, data, software or other intangibles taken abroad are also exports. Services provided abroad can also be considered exports under certain circumstances. Travelers should be especially careful taking high tech items, laptops or other computers, or University owned property. While the majority of these types of exports can be done without consequence, it is difficult to know what the implications of particular exports are without a detailed evaluation of the planned export. Travelers should also keep in mind that exports from the US are imports into the destination country. Many countries have strict regulations regarding imports, and items common in the United States may be illegal to bring into the destination country. Travelers should take special care not to bring encryption software or data into countries where it is prohibited to do so without a license. If the traveler feels the need to encrypt data before traveling to a destination with it on their computer or storage device, it may be a better idea to leave it home unless absolutely necessary.
There are many ways in which planned activities abroad can intersect with export controls. Many academic travelers go abroad to attend conferences. Under most circumstances, attending a conference is permissible, however, presenting at conferences abroad should be done with care to avoid inadvertent prohibited exports. Travelers should also take care not to interact with any entities listed on a US government watch list. The ECO can provide the traveler a list of restricted entities for each country the traveler plans to visit upon request. Doing any work for a foreign military, including collaborating with researchers employed by research arms of foreign militaries, is strictly regulated and likely would require a license from the Department of State as a defense service. Activities normally exempted from export controls by the fundamental research exclusion may not be if conducted abroad. In the case of University travelers going to sanctioned countries, simple financial transactions and other seemingly innocuous interactions may violate sanctions regulations.
Travel Recommendations
Travelers venturing abroad on university business, or carrying university owned property, should make themselves aware of destination specific risks and other valuable information by accessing the State Departments travel resources page. As part of the research security program, University travelers traveling to nations with a travel advisory level of 2, 3, or 4 will be contacted by the Director of Export Controls and Research Security and provided travel safety information, and will be offered assistance in staying safe and secure while abroad.
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