Export Controls: Red Flags
- Contractual restrictions that destroy the Fundamental Research Exclusion:
- restrictions on the university’s right to publish or disseminate project results or information
- limitations on participation or access by non-U.S. Persons
- sponsor has prior approval rights over publication content (review is acceptable)
- Language in grant, contract, manufacturer, proposal or purchase documents that make specific reference to the International Traffic in Arms Regulations (ITAR) or Export Administration Regulations (EAR) (other than a general statement of compliance.
- When purchasing equipment vendor asks for "End User Certification" or similar signed statement that buyer will not export or allow foreign national access to equipment.
- Items or technical information produced for (or funded by) a defense, intelligence, or space related agency
- DoD, Army, Air Force, Navy, NSA, DHS, DARPA, IARPA, NASA or similar
- Research which involves:
- development of technology or equipment (may be for civilian use)
- defense, satellite, or space applications
- encryption technology
- biological or chemical threat agents and related medical remediation and diagnostics
- receipt of proprietary information from a sponsor
- Shipping or carrying controlled technology, equipment, or data overseas
- International collaborations where controlled data is shared
- Involvement with persons or entities from an embargoed or sanctioned country (Cuba, Iran, North Korea, North Sudan and Syria, others see OFAC Sanctions Programs)
- Unsolicited requests by foreign nationals to visit high technology facilities
Please contact the Export Control Manager for a personal consultation if any of the above conditions apply (firstname.lastname@example.org). Even if there are no foreign nationals working directly on a project with export controls, a Technology Control Plan may need to be developed to protect controlled technology or data from unauthorized access (for example in an open-lab situation).