Export regulations refer to the subject matter, not to sponsor,
etc.  However, very VERY few of the grants anyone gets from these sources
will be affected -- here ($160M/yr total) we have never had one.  A
contract could have such a subject matter, but again, very unlikely your
faculty will be doing things on contract that aren't covered by the
"fundamental research" safe harbor.  IF it is applied research, however,
check it more closely.

Because export laws apply to all, the only place you will find a clause
referring to them in an award will be a general "be aware of these laws"
clause in an industrially funded agreement which is thrown in without more
reason than their attorneys desire to "cover the waterfront".  If you see
such a clause, get back to the sponsor to find out if they have determined
that export regs do explicitly apply.

For most research administrators it is important to know that these laws
exist, where to find out more (through Dept. Commerce, Dept. State, and DOD
sites -- see 15CFR Part 734.3 (b) for fundamental research exception), and
what "smells" like it needs further examination.  The biggest problem for
universities is that "export" includes giving information to prohibited
groups (e.g., non-nationals), which can affect the openness of research to
all in the institution.

Chuck

At 05:08 PM 10/17/2002 -0500, you wrote:
>Thanks for your responses.  Personally, I think each project needs to be
>reviewed individually, but the PI was convinced there was some "blanket"
>exemption (not the fundamental research exception) for NIH, NSF, and USDA.
>
>Kay Ellis, MHR
>Manager, Office of University Research Services
>Oklahoma State University
>001 Life Sciences East
>Stillwater, OK 74078
>(405) 744-9995
>(405) 744-7673 Fax
>xxxxxx@okstate.edu
>
>
>
>
>                       "Martha M.
>                       Taylor"                  To:       xxxxxx@okstate.edu
>                       <xxxxxx@auburn.e        cc:       (bcc: Kay
> Ellis/res/Okstate)
>                       du>                      Subject:  ear/itar
>
>                       10/17/2002 04:00
>                       PM
>
>
>
>
>
>
>EAR and itar apply to the work being done and apply regardless of the
>sponsor.  HOWEVER, if the research can be defined as fundamental research
>per NSDD 189 signed by Reagan  (NSDD = National Security Decision
>Directive) then it is exempt from export control administration.  It is
>doubtful anything you did for NSF or NIH would be itar related as most of
>that relates to actual munitions and weaponry, ballistics or military
>vehicle parts (subs, airplanes, missiles etc).
>
>Good luck.
>
>
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Herbert B. Chermside, CRA
Director, Sponsored Programs Administration
Virginia Commonwealth University
PO BOX 980568
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VCU will close most faculty and staff offices from December 21, 2002
through January 5, 2003.  OSPA will operate only a skeleton staff, with
some limited hours, during this period.

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