“Red Flags” Concerning Exclusions
If you are asked to do any of the following, you should consult with the Sponsored Programs office (Charles River Campus) or Sponsored Programs office (Medical Campus) to ensure that you do not compromise your ability to fall within the exclusions from export control regulations:
- Accept publication controls or access/dissemination restrictions (such as approval requirements for use of foreign nationals), enter into confidentiality or nondisclosure agreements on subjects that are of interest for your research, or otherwise agree to withhold results in research projects conducted at the University or that involve University facilities, students, or staff.
- Accept proprietary information that is marked “export controlled”.
- Provide citizenship, nationality, or visa status information for project staff or include such information in proposals. It may be a violation of Immigration and Naturalization Service regulations and the federal Privacy Act to provide this type of information.
- Agree to background checks or other arrangements where the external sponsor screens, clears, or otherwise approves project staff. University policy allows for background screening conducted by the University when appropriate to the position.
- Attend meetings if foreign nationals are prohibited from attending. Do not sign the DD 2345, Militarily Critical Technical Data Agreement, as a condition of attending a conference or receiving materials from the government.
- Travel to or plan collaborations of any kind with governments, entities, or nationals from sanctioned countries as listed at the following sites:
It is important that you be mindful of these red flags so as not to compromise your ability to preserve the “publicly available” and “public domain” exclusions provided by the government, including that afforded to fundamental research. Without exclusions, the EAR or ITAR licensing requirements may apply to information (technology or technical data) concerning controlled commodities or items. Unless a license exclusion applies, a license may be required before information is conveyed (even visually thorough observation) to foreign students, researchers, staff, or visitors on campus and before information is conveyed abroad to anyone. The University’s mission of education and research and the international nature of science and academic discourse require that we maintain an open academic environment without regard to citizenship or visa status. The export regulations provide appropriate “safe harbors” for fundamental research to protect the University. By remaining alert to these red flags and obtaining the appropriate guidance, you can help assure that the faculty, students, and staff of the University do not compromise our academic standards and do not violate the export regulations.