The Checklist for Projects Requiring an Export Compliance Review can help you better determine if your research activities might be subject to export controls. If you are concerned that a project or activity has the potential to involve the receipt and/or use of Export-Controlled Items or Information, please contact the Research Integrity & Compliance Office. Our office will review your response and contact you with additional information about your specific circumstances.
If our office determines your activities will likely be subject to export controls, you may be asked to complete the “Request for Export Compliance Review” via Kuali Build. Utah State University’s Export Compliance Officer (ECO) will review the request to determine if a technology control plan or export license is required. To access the request form, log into ServiceNow, click on Service Catalogs, Office of Research, Forms.
International Students, Scholars, and Employees
As part of the visa application process for international students, scholars, and employees, USU must attest to certain export control certifications. To ensure compliance with visa application requirements, the Research Integrity and Compliance office conducts export compliance reviews prior to the submission of visa applications. Part of this process may require that the supervising professor and/or Department Head complete and sign the Deemed Export Questionnaire via Kuali Build. You can review an example Deemed Export Questionnaire.
If you plan to host an international student, scholar, or employee, and are unsure whether or not there is export controlled equipment/data/technology in your lab, please submit the Deemed Export Checklist to compliance@usu.edu. We will determine if you are working with export controlled equipment/data/technology and what additional steps (if any) need to be taken to ensure compliance with federal regulations. In a large majority of cases, no further action will be required and the visa process can move forward as usual.
Export Compliance Laws Regulate the Shipment or Transfer of Controlled Items
- Anyone outside the U.S. including a U.S. citizen
- A “foreign national” whether in the U.S. or abroad
- Temporary Resident “foreign national” include:
- Persons in the U.S. in non-immigrant status (for example, H-1B, H-3, L-1, J-1, F-1 Practical Training, L-1)
- Temporary Resident “foreign national” include:
- A foreign embassy or affiliate
- available to foreign nationals for visual inspection
- exchanged orally or in writing
- made available by practice or application under the guidance of persons with knowledge of that technology
“Technology” is specific information necessary for the ‘development’, ‘production’, or ‘use’ of a product subject to the Export Administration Regulations (EAR). Technology can take the form of technical data (such as blueprints, plans, diagrams, models, engineering designs and specifications, manuals, etc.) and/or technical assistance (such as instruction, consulting services, skills training, transfer of technical data, etc.). For “use” to occur under the EAR, it must meet all six of the following elements: operation, installation (including on-site installation), maintenance (checking), repair, overhaul, and refurbishing. The only exception to this rule is for technology classified in the ‘600 Series’ which includes items and information that were previously controlled under the International Traffic in Arms Regulations (ITAR). For “use” to occur with this technology, only one of the six elements of use must occur. More information on "Use" Technology.
A “Foreign National” is any person who is NOT a:
- U.S. Citizen or National
- U.S. Lawful Permanent Resident (green card status)
- Person Granted Asylum/Refugee Status
Do export control restrictions apply to a proposed visitor or prospective employee?
To determine whether export restrictions apply to a proposed visitor or prospective employee, ask the hiring/hosting department and host/supervisor the following questions:
- Does the sponsored research have contracts or agreements for export compliance concerns, such as restrictions on participation of foreign nationals in research, or restrictions on publication of research results?
- Is the visitor or prospective employee a national of an embargoed country?
- Does the research project contain any technology and/or technical data that will be released to the visiting scholar or prospective employee that is controlled under EAR and/or ITAR?
- Does the research project have a Technology Control Plan?