Export Control Laws are Federal regulations controlling the kinds of information, technologies, and commodities that can be transmitted overseas or to a foreign national. In order to ensure compliance with these regulations, PASSHE has asked the each University make information on Export Control regulations available to all members of the campus community whose work may take them overseas or who may interact with foreign nationals.
An “export” can be:
1. Technology leaving the United States.
2. Transmitting the technology to an individual other than a citizen or permanent resident within the United States (a “deemed export”).
3. A discussion with a foreign researcher or student in a university lab (also a “deemed export”).
Faculty or staff, whether participating in grant-funded research or not, may be subject to Export Control regulations if any controlled technologies, which may include computers, telecommunications equipment (including smartphones), and certain types of software, are taken abroad or otherwise shared with foreign nationals. If an MU employee accepts export-controlled technology or information from a government agency or industry, they is subject to export control regulations.
If research involves export-controlled technology then Federal approval may be required
1. Before allowing foreign nationals to participate in the research,
2. Before partnering with a foreign company, or
3. Before sharing research results in any manner with persons who are not U.S. citizens or permanent resident aliens
Export controls preclude the participation of all foreign nationals in research involving covered technology without first obtaining a license from the appropriate federal agency. This requirement relates not only to tangible items but also to research results. There are countries where U.S. policy is to deny licenses for the transfer of certain technologies for reasons of foreign policy, national security, or international agreements.
The consequences of violating the regulations can include loss of research funding, fines, and/or prison time. Designated officials at Millersville and at the State System can assist investigators to comply with export control laws.
The laws governing export control are arcane, complex and difficult to parse. Fortunately, PASSHE has provided training to a number of University administrators who may be helpful in determining whether or not your project is meeting export control laws. In addition, the System can provide expert consultation regarding export control if the issues are especially complex.
If you have any questions regarding export control or feel that your research or travel plans may put you at risk for violating Export Control Laws, please call the Office of Sponsored Projects and Research Administration at ext. 4457 for guidance.
If you are planning to travel abroad on any university related business, or will host foreign nationals on campus, please complete this export control questionnaire and return to the Office of Sponsored Projects and Research Administration (OSPRA). This checklist will assist OSPRA in determining whether any aspect of your project will be subject to export control regulations.