Export Control “Red Flags”
Though universities may be able to use certain exclusions or exceptions from U.S. export control requirements (e.g., Fundamental Research, Public Domain), the use of such exclusions/exceptions may be unavailable in the following circumstances.
Publication or Research Restrictions: These exclusion or exceptions may be destroyed if the employee or university accepts a clause or restriction, including those that:
- Forbids or restricts the participation of foreign nationals;
- Limits participation to “U.S. persons”;
- Designates the research activity as “subject to export controls”;
- Includes a sponsor initiated or Government flow-down export control clause (other than a general statement of compliance);
- Requires a classified security or similar clearance;
- Gives the sponsor a right to approve publications or patents resulting from research (i.e., pre-publication review);
- Restricts access to and disclosure of research results; or
- Accepts “side deals” between a principal investigator and sponsor that may violate openness in research.
International Travel or Shipments: Another feature of export controls applies to faculty members who travel overseas. If your international travel includes support from Buffalo State and is not supported by the Research Foundation, please complete the overseas travel form with your travel authorization paperwork.
International activities that may be subject to export controls include:
- Shipment or hand-carrying items, materials, equipment or technical data to another country;
- Travel to a country subject to a U.S. embargos or sanctions.
International Collaboration: With few exceptions, the Fundamental Research exclusion is limited to research conducted at U.S. accredited institutions of higher learning. Therefore, research activity involving a foreign location or exchange of technology with foreign located collaborator may invalidate this exemption.
In addition, collaborative research with any U.S. embargoed or sanctioned country may be subject to U.S. export controls or economic sanctions regulations. See current list at here (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx) .
Ineligible Technology and Software: Under export controls, the exclusions may also be unavailable for research related to the following:
- Items or software designed, modified, adapted or configured for a military or space application (including commercial satellites);
- Development or production of source code for encrypted software;
- Development or production of controlled chemicals, or bio-agent/toxic materials;
- Research, information or software that is used in development of weapons of mass destruction.