Provost’s Memo

To:  Deans, Department Chairs, Laboratory and Center Directors
From:  Karen Antman, M.D.; Provost, Medical Campus; David Campbell, Ph.D.; University Provost
Subject:  Export Control Laws and Regulations
Date:  April 27, 2009

In recent years, the sharing of information, technology, and materials with foreign colleagues and organizations has come under greater scrutiny. Boston University is fully committed to open research collaborations, but we must be mindful of the federal laws and regulations governing the exchange of research materials and results that are subject to export controls.

Export control laws include federal regulations implemented by the Departments of State, Commerce, Energy and Treasury that govern the shipment or exchange of export-controlled materials, services, or information. Exports include not only the shipment or transfer of materials and information to another country, but also the sharing of technical data or information subject to export controls to a foreign national, whether it occurs in the United States or abroad. Institutions of higher education and their employees are required to comply with these laws and regulations.

It is the policy of Boston University that all members of the University community shall comply with all applicable export control laws and regulations. Boston University is committed to conducting research that is carried out openly and without restrictions on participation by foreign nationals in the research or on publication or dissemination of results. It is vitally important that Boston University researchers understand and comply with all applicable export control laws and regulations. Failure to do so can lead to significant limitations on research and can subject the University and individual researchers to civil and criminal liability.

Most of the research activities at Boston University are not subject to export controls because the research generally qualifies for the fundamental research exclusion. This means that the research is carried out openly without restrictions on participation in the research or on publication or dissemination of the results.

To assist you in conducting your research, we have developed this Export Control Website, which provides details concerning export control issues, including shipping or transporting controlled materials and information outside of the United States, transfer of controlled information within the United States to foreign nationals, foreign travel, and traveling with your laptop or other equipment.

PIs must complete the Export Control Checklist for every new sponsored research project, update that Checklist as appropriate and work closely with the Office of Sponsored Programs (Medical Campus) or the Office of Sponsored Programs (Charles River Campus) prior to commencing any sponsored research project that might involve export-controlled materials or information. If a license is necessary, it is important to begin the process of seeking a license from the relevant federal agencies early since it can take as long as nine months to receive a license after submitting a license application.