- Exports are defined in the following three ways:
- Physical shipment of covered items or data from the United States to a foreign destination by cargo shipments, 手提物品或快递.
- Electronic or digital transmission of any covered items or data from the United States to a foreign destination, 包括通过电子邮件或传真.
- Release of “technical data” or technology (which includes information, 是否打印, 铭刻于媒体, 或口头交流). The release of such information is called a “deemed export.“根据视同出口规则, the transfer or release of technical data or information subject to U.S. export controls to a “foreign national,” whether it occurs in the United States or abroad, is “deemed” an export from the United States to the home country of the foreign national.
- Activities or information NOT occurring in countries on ITAR, EAR and OFAC lists
- Collaboration or information is NOT shared with individuals that are on the Consolidated Screening List or Executive Order
- Collaboration or information is shared ONLY with individuals who are U.S. Citizens, legal permanent residents, or a refugee or alien lawfully granted asylum within the U.S.
- U.S. person or entity who is not acting on behalf of a foreign person or entity
- Not a foreign organization and activities constitute fundamental 研究
- The 研究 does not constitute industrial development, 设计, or utilization as indicated by any type of proprietary restriction imposed on the 研究 activity by the sponsor
Please also note that no publication restrictions can be accepted as part of the 研究 agreement, either verbally or in writing; AND no national restrictions (foreign or U.S.) can be part of the 研究 agreement, either verbally or in writing.
Federal agencies have increased enforcement efforts within Higher Education; Penalties include federal debarment (loss of 研究 funds), 货币的罚款, civil suits/criminal prosecution revocation of export privileges.
Montclair’s export compliance program is led by the Office of 研究 and 研究合规, and includes representatives from divisions across the 大学. The committee’s function is responsible for facilitating export compliance procedures across all academic, 研究, operational and business activities. Some of these procedures include –
- Evaluating proposed international transfers so that export license requirements can be determined
- 协调U.S. Government restricted party screening
- Partnering closely with Office of 赞助项目 to interpret and resolve publication and citizenship restriction clauses in grants and contracts
- Advising on international programs (e.g. exchange programs, and inter-institutional agreements)
- Advising faculty on international 研究 collaboration
- Addressing academic and 研究 engagements with OFAC-sanctioned countries (e.g. 古巴和伊朗)
When international travel involves the temporary or permanent transfer of 研究 tools or samples (either by advance shipment or via hand-carried baggage), be sure to include this information in your Cayuse SP documentation.
Restricted party screenings seek to identify any parties that might be prohibited from receiving items subject to export control regulations. The main goal of restricted screening is to ensure safety for 研究ers as well as compliance with regulated items and activities. To reduce the burden of this activity on 研究ers, most of the required screening activities are conducted and documented by 研究合规, 百, 财务或其他受过培训的办公室.
Specific considerations could include whether the team member is visiting from an embargoed or sanctioned country. 研究合规 will work with the Office of Global Engagement to determine if any additional licenses or screening is required for your specific 研究 activities. If you are unsure, please contact the export compliance program directly.