Export FAQs – Research - 山ּ State University


Aerial photo of outside of the Graduate School building on campus, home to the Office of Research.

Export FAQs

What is an export?
  • Exports are defined in the following three ways:
    1. Physical shipment of covered items or data from the United States to a foreign destination by cargo shipments, hand-carried articles or courier.
    2. Electronic or digital transmission of any covered items or data from the United States to a foreign destination, including via email or fax.
    3. Release of “technical data” or technology (which includes information, whether printed, inscribed on media, or communicated orally). The release of such information is called a “deemed export.” Under the deemed export rule, 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.

What are some activities that are not subject to export control?
  • 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 research
  • The research does not constitute industrial development, design, or utilization as indicated by any type of proprietary restriction imposed on the research activity by the sponsor

Please also note that no publication restrictions can be accepted as part of the research agreement, either verbally or in writing; AND no national restrictions (foreign or U.S.) can be part of the research agreement, either verbally or in writing.

Why do we have to follow these regulations?

Federal agencies have increased enforcement efforts within Higher Education; Penalties include federal debarment (loss of research funds), monetary fines, civil suits/criminal prosecution revocation of export privileges.

What are the functions of the Export Compliance Committee at 山ּ?

山ּ’s export compliance program is led by the Office of Research and Research Compliance, and includes representatives from divisions across the University. The committee’s function is responsible for facilitating export compliance procedures across all academic, research, operational and business activities. Some of these procedures include –

  • Evaluating proposed international transfers so that export license requirements can be determined
  • Coordinating U.S. Government restricted party screening
  • Partnering closely with Office of Sponsored Programs 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 research collaboration
  • Addressing academic and research engagements with OFAC-sanctioned countries (e.g. Cuba and Iran)

What if I travel internationally on my sponsored project? What export control activities are required?

When international travel involves the temporary or permanent transfer of research tools or samples (either by advance shipment or via hand-carried baggage), be sure to include this information in your Cayuse SP documentation.

What is restricted party screening (RPS)?

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 researchers as well as compliance with regulated items and activities. To reduce the burden of this activity on researchers, most of the required screening activities are conducted and documented by Research Compliance, OSP, Finance or other trained offices.

I have a research team member here on a visa, what do I need to consider or who should I contact?

Specific considerations could include whether the team member is visiting from an embargoed or sanctioned country. Research Compliance will work with the Office of Global Engagement to determine if any additional licenses or screening is required for your specific research activities. If you are unsure, please contact the export compliance program directly.