Activities which involve the following “red flags” may be subject to export controls:
1. 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)
2. 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)
3. 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.
4. 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
5. 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
6. Shipping or carrying controlled technology, equipment, or data overseas
7. International collaborations where controlled data is shared
8. Involvement with persons or entities from an embargoed or sanctioned country (Cuba, Iran, North Korea, North Sudan and Syria, others see OFAC Sanctions Programs)
9. 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 (ovcrexportcompliance@wustl.edu). 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).