The United States government actively regulates, and in some cases, restricts the export of certain items and information, including technologies that it deems critical to the interests of national security, the economy, and foreign policy. Ohio University is committed to complying with applicable U.S. laws and regulations pertaining to exports of items, services and technology by or on behalf of the University.
All Ohio University personnel, including faculty members, visiting scientists, postdoctoral fellows, students and staff at, employed by, or affiliated with Ohio university must comply with the export control policy and the related export compliance manual. Export control regulations apply regardless of the source of funding, both external and internal.
Non compliance with export requirements are serious for both the University and the researcher. Penalties can include significant monetary fines and prison sentences.
A draft Export Compliance policy is being readied for submission to the University.
Activities Requiring Export Review and Compliance
Research in Export Restricted Science and Engineering Areas - Some Examples:
- Military or Defense Articles and Services
- High Performance Computing
- Dual Use Technologies (technologies with both a military and commercial application)
- Encryption Technology
- Missiles & Missile Technology
- Chemical/Biological Weapons
- Nuclear Technology
- Select Agents & Toxins (see Select Agent/Toxin list)
- Space Technology & Satellites
- Medical Lasers
Contractual Restrictions on Publication or Dissemination or Inclusion of Export-Controlled-Technology or Information:
- The vast majority of research done at the university is shielded from export controls under the Fundamental Research Exclusion. This exclusion is lost whenever the university or the researcher agrees to allow any restrictions on the publication, dissemination, or access to the research by foreign nationals.
- University activities involving the use of export controlled information, items, or technology obtained from outside the university are subject to all export controls for those items, regardless of the nature of the research activity. This applies to software tools obtained from U.S. government agencies flagged as "U.S. Release Only" or similar designation.
- Traveling overseas with high tech equipment, confidential, unpublished, or proprietary information or data - Traveling with certain types of high-tech equipment including but not limited to advanced GPS units, scientific equipment, or with controlled, proprietary or unpublished data in any format may require an export license depending on your travel destination.
- Traveling with laptop computers, web-enabled cell phones, and other personal equipment - Laptop computers, web-enabled cell phones and other electronics containing encryption hardware or software and/or proprietary software may require an export license when traveling to certain destinations. In general, an export license will be required to take any items to or through any U.S. sanctioned country (e.g., Iran, Syria, Cuba, Sudan and North Korea).
- Shipping or taking items overseas.
- University activities that involve the international payment of funds to non-U.S. persons abroad must be verified to ensure that the university is not inadvertently providing financial assistance to a blocked or sanctioned entity. Examples include providing support via a subcontract to a non-U.S. university or providing payments to research subjects in other countries.
- University activities that involve foreign national faculty, students, staff visiting foreign scientists or collaborator(s), or other foreign entities (e.g., non-U.S. company, university, or other organization) or research that will include travel to international conferences to present unpublished results may be subject to export controls especially if any of the foreign nationals are from embargoed or sanctioned countries.
- Research projects where any part of the research will take place outside the U.S. (e.g., field work outside the U.S.) may not qualify under the Fundamental Research Exclusion and may be subject to export controls.
Export Compliance Committee
Ohio University has established an Export Compliance Committee to assist with program development, manual creation and updates, training deelopment, and export compliance review and record retention in the eRA system.
Members of the Export Compliance Committee:
Julie Allison, Assistant Vice President, Finance
Kelly Coakley, IT Product Manager, Service Ownership
Audra Huddy, Research Grants Development Coordinator, Russ College
David Koonce, Interim Vice President for Research and Creative Activity
Adam Loukx, Senior Associate General Counsel, Legal Affairs Office
Laura Myers, Director of University Compliance, Internal Audit
Robert Payne, Director Taxation and Payroll, Human Resources
Alicia Porter, Manager Information Security & Accessibility
Susan Robb, Assistant Vice President for Research and Sponsored Programs
Kyle Sargent, Sponsored Programs Manager, Office of Research and Sponsored Programs
David Schleter, Biological and Radiological Safety Officer, EH&S
Hillary Snyder, Director of Research Compliance
Nate Wallace, Sponsored Programs Manger, Office of Research and Sponsored Programs
Export Compliance Manual
Export Compliance Decision Tree
Definition of Terms
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Export Control Training
Individuals seeking training in export control regulations as they relate to university research may complete the Collaborative Institutional Training Initiative (CITI) web-based course: US Export Control Regulation. The course contains modules providing a basic overview of export controls. Also provided is information specific to the various federal agencies that oversee export controls including the State Department’s International Traffic in Arms Regulations (ITAR), the Commerce Department’s Export Administration Regulations (EAR) and the Treasury Department’s Office of Foreign Assets Control (OFAC).
The CITI course can be used to fulfill the export control training requirement for university staff, students and/or employees that may be required.
Bureau of Industry and Security (BIS) within the U.S. Department of Commerce Is charged with the development, implementation and interpretation of U.S. export control policy for dual-use commodities, software, and technology as found in the Export Administration Regulations (EAR) (15 CFR Parts 730-774), as listed on the Commerce Control List (CCL). BIS provides web-based export control training.
Storing Export Control Data
Refer to OIT Security Storing Data by Type for information regarding how to store export control data.
U.S. Export Control Laws and Regulations
These Include, but are not Limited to, ITAR, EAR, and OFAC:
ITAR (International Traffic in Arms Regulations): Regulations governing the exports and re-exports of items and services for military use, which include defense articles, including technical data, defense technologies, and defense services. These regulations are under the jurisdiction of the U.S. Department of Defense. (22 CFR Parts 120-130).
EAR (Export Administration Regulations): Regulations governing the export, including deemed export and re-export of dual use commercial items and technologies and other commercial items and technologies without an obvious military use. These regulations are under the jurisdiction of the Bureau of Industry and Security, U.S. Department of Commerce. (15 CFR Parts 730-774).
OFAC (The Office of Foreign Assets Control): The federal government office responsible for administering and enforcing foreign asset control regulations. This includes economic and trade sanctions based on federal foreign policy and national security goals against targeted foreign countries, terrorists, international narcotics traffickers, and those engaged in activities related to the proliferation of weapons of mass destruction. The regulations administered by OFAC include controls with regard to specific individuals, specific organizations, and certain countries. OFAC is under the U.S. Department of the Treasury. (31 CFR Parts 500-598).
For assistance with Export Control issues contact the ORSP Service Center at firstname.lastname@example.org.