Administration of Externally Funded Projects by 6fk1zPh0

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									     U.S. EXPORT CONTROLS

IMPACT ON UNIVERSITY OPERATIONS




                   Last Updated: March 12, 2010
       Module 5:
How Export Controls Affect Various
        University Units
What areas of the University must
ensure export control compliance?
   Export control issues       Therefore, other
                                 University areas/activities
    are no limited to            that could be impacted
    sponsored research           include:
    because transfer of             Admissions
                                    Human resources
    controlled information          Individual faculty and staff
    and technology could            International students
                                    International Studies
    occur in transactions           IP management
    other than just                 Property control
    research.                       Purchasing
                                    Travel



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     Export Control Considerations
    Purchasing – Vendor Payments

   The University may not provide payment or
    anything of value to persons/entities on any of
    the Restrict Party lists
     This   includes payment to entities and persons in the
      U.S.
     Persons to whom you seek to make payment should
      be checked through the Restrict Party lists in the
      Visual Compliance system

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     Export Control Considerations
            Property Control
   Use of controlled equipment/technology by
    foreign persons, even on campus, may require
    license even if FRE applies
   Remember, FRE applies to information only, not
    tangible equipment
   Researcher must ensure that the location and
    movement of controlled equipment/technology
    meets the security requirements of the TCP to
    ensure that controlled equipment/technology is
    not accessed by unauthorized personnel


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      Export Control Considerations
                 Travel
   Taking equipment such as GPS and laptops to foreign
    country may require a license if equipment or software in
    laptop is controlled technology
       Exceptions may allow for export without a license
   Travelers to a foreign country must be aware of denied
    persons/entities lists related to that country so that
    information or payment is not provided to any restricted
    party.
   OSRA, Post-Award, must pre-approve all foreign travel
    on sponsored projects. If approved, OSRA provides the
    FIU traveler with the lists of denied persons/entities for
    the foreign country.


                                                                 6
Temporary Export Exception under
 EAR for Laptops Taken on Travel
   No export control license to travel with a laptop is required if all following
    conditions are met :
      Laptop will be returned to the U.S. within one year of the date it was
       taken to the foreign country.
      Laptop qualifies as a “tool of the trade” because it is a common and
       reasonable tool for the lawful activities and undertakings of your
       profession.
      You retain “effective control” over the laptop while abroad by either
       retaining physical possession or by securing it in such an environment
       as a hotel safe, bonded warehouse, or an exhibition facility that is both
       locked and guarded.
      You travel with the laptop abroad, or it will be shipped within one month
       before your departure, or at any time after departure.
      You are not going to any country on the list of sanctions country of the
       Office of Foreign Assets Control found
       at http://www.treas.gov/offices/enforcement/ofac/programs/.
   (Source - 15 C.F.R. § 740.9)

                                                                                     7
     Baggage License Exception for
               Laptops

   No license to travel with laptop is required if all
    following conditions are met:
     Traveler  or his/her immediate family member
      personally owns the equipment.
     The equipment is intended for and necessary and
      appropriate for your use or the use of your immediate
      family members traveling with you.
     The equipment is not intended for sale or other
      disposal.
   (Source - 15 C.F.R. §740.14)


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     Export Control Considerations
         Relating to Software
   Software that is publicly available most likely will
    not require license, but proprietary software or
    software of controlled technology may require
    license
   For Microsoft products, you can check whether a
    license may be needed at
    http://www.microsoft.com/exporting/default.htm.
   Encryption technology could require license or
    could be prohibited for use by certain foreign
    nationals


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      Export Control Considerations
          Relating to Shipping
   An export control license is needed to ship controlled
    equipment or technology per ITAR to any foreign
    country.
   A license may be needed to ship controlled equipment or
    technology, including computers, software, biological
    samples or materials, per the EAR to a foreign country
    depending on equipment or technology and the foreign
    country.
   If a license is required, it must be obtained before
    shipping the controlled tangible technology outside of
    U.S.

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Please Proceed to Take the
    Test for this Module




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