It’s hard to give a single, one-size-fits-all answer to that question, but here are some of the boundary red flags:
·
Foreign nationals OK – any project where guidelines do not contain specific restrictions, or where no ITAR- or EAR-listed technologies (including dual-use
technologies) are involved, provided that the research does not involve engagement with an OFAC sanctioned country, and as long as the foreign national(s) in question are not themselves from a sanctioned country or on an applicable watch list
·
Foreign nationals potentially OK with restrictions – any project where the guidelines impose restrictions on the participation of foreign nationals in
the research, or where an ITAR- or EAR-listed technology is involved, or where the project involves engagement with, or personnel from, an OFAC-sanctioned country, provided that the appropriate export license, license exemption, or exception has been procured
from the cognizant agency (n.b., the licensing process can take months or years to complete, so it’s important to identify any such issues early on and start working as soon as practicable to obtain the necessary licenses)
·
Foreign nationals not OK – any individual named on any list of debarred or suspended or sanctioned individuals cannot be involved on any project, even
if it does not involve export-controlled technologies; also, if the guidelines impose restrictions on participation, or if the project involves controlled technologies and the appropriate license is not in-hand, then foreign nationals would not be able to
work on the project, and, depending on the nature of the project, other precautions/restrictions might have to be implemented (such as physically segregating the work areas so that access can be restricted to authorized personnel, storage of data, specifications,
designs, results, papers, etc., on secure computers and/or servers). Similarly, when traveling abroad or presenting at conferences, it would be important to take a clean laptop or other computer which did not contain any protected or sensitive data, or disclose
findings that could constitute a deemed export.
Michael Spires, M.A., M.S., CRA
Principal Proposal Analyst
Office of Contracts and Grants
University of Colorado Boulder
Boulder, Colorado 80309-0572
O (303) 492-6646
F (303) 492-6421
E
xxxxxx@colorado.edu
W
www.colorado.edu/ocg
The University of Colorado’s Boulder campus will be operating on summer hours, 7:30 a.m. to 4:30 p.m. Mountain, beginning Friday, May 12. Regular operating hours
will resume Monday, August 21.
From: Research Administration List [mailto:xxxxxx@lists.healthresearch.org]
On Behalf Of Megan Roth
Sent: Thursday, June 29, 2017 2:37 PM
To: xxxxxx@lists.healthresearch.org
Subject: Re: [RESADM-L] Export Control
Thanks, Micheal. I was thinking specifically about when a foreign national could/could not work on a project. I am trying to determine a) when they can, b) when they can't, and c) when they can but with certain restrictions.
On Thu, Jun 29, 2017 at 3:16 PM, Michael Spires <xxxxxx@colorado.edu> wrote:
The fundamental research exemption is distinct from export controls. The FRE applies only to publishable results, not to equipment or actual technologies. Further, it only applies at the basic and applied stages of the research lifecycle. Once the research has moved into the development phase where there’s an intent to commercialize, the FRE no longer applies.
Export control concerns are driven by the nature of the research being conducted, who conducts or is involved in that research, where it is conducted, and the type(s) and kind(s) of technologies that are implicated. You could be doing work on a NOAA project for a weather satellite, for example, but because of the technologies involved, that work might require an export control license if there are non-U.S. citizens working on the project or if you have to ship the satellite to a foreign country for launch, to use but one example.
Michael Spires, M.A., M.S., CRA
Principal Proposal Analyst
Office of Contracts and Grants
University of Colorado BoulderBoulder, Colorado 80309-0572
The University of Colorado’s Boulder campus will be operating on summer hours, 7:30 a.m. to 4:30 p.m. Mountain, beginning Friday, May 12. Regular operating hours will resume Monday, August 21.
From: Research Administration List [mailto:xxxxxx@lists.healthresearch.org] On Behalf Of Megan Roth
Sent: Thursday, June 29, 2017 1:53 PM
To: xxxxxx@lists.healthresearch.org
Subject: Re: [RESADM-L] Export Control
Thanks to all who have shared information so far. Quick question: Does all Dept of Defense funded work require export controls, or is fundamental research funded by DOD still exempt?
I also saw mention about nuclear research. Same question above: does all nuclear research require export controls, or if it meets the definition of fundamental research that will be openly published still exempt?
Thanks!
On Thu, Jun 29, 2017 at 11:09 AM, Megan Roth <xxxxxx@acu.edu> wrote:
Seeking guidance on export controls. I am working on our ORSP policies and procedures this summer and need to address this topic.
Anyone have some good resources/policies on what can/can't be done?
--Megan Roth, Ph.D.
Director, Office of Research and Sponsored Programs
Abilene Christian University
320 Hardin Administration Bldg
ACU Box 29103
Abilene, TX 79699
O: 325-674-2885
F: 325-674-6785
--Megan Roth, Ph.D.
Director, Office of Research and Sponsored Programs
Abilene Christian University
320 Hardin Administration Bldg
ACU Box 29103
Abilene, TX 79699
O: 325-674-2885
F: 325-674-6785
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--
Megan Roth, Ph.D.
Director, Office of Research and Sponsored Programs
Abilene Christian University
320 Hardin Administration Bldg
ACU Box 29103
Abilene, TX 79699
O: 325-674-2885
F: 325-674-6785
= = = = = =
Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at
http://www.healthresearch.org (click on the "RESADM-L" link under "Sponsored Programs").
A link directly to helpful tips:
http://tinyurl.com/resadm-l-help
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