Export Control Compliance

It is the policy of the University of Miami to comply with all U.S. export control laws and regulations, and to develop and maintain an export control compliance program to enable UM employees, visiting scientists, postdoctoral fellows, students and other persons retained by or working at or for the University to conduct their University business in accordance with these laws and regulations.

No University associate may engage in any activity that is prohibited by the U.S. Department of Commerce, the U.S. Department of State, the U.S. Department of Treasury’s Office of Foreign Assets Control, or any other government agency with export governance. No University personnel may transfer any controlled item, including technology and technical data, without approved documentation from the appropriate governing agency.

When we think of exporting, we tend to envision a parcel being sent overseas. However, exporting can occur through just about any means such as telephone calls, email, lab tours, meetings, computer data, social media, visual inspection, oral exchanges, screen shots, auditory, and shared drives. This is why it is important to be conscious of your environment and those who are in it.

One of the biggest concerns with respect to export controls, especially at the University, is “deemed export” violations. These occur when an item, technology, or even source code is released (or exported) to a foreign person within the United States. In a university setting, it is important that items such as unpublished research findings, funds, computers, lasers, and electronics are not released to a foreign person without the proper license or authorizing documentation in place first.

Any natural person who is not a lawful permanent resident of the United States, citizen of the United States, or any other protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any corporation, business association, partnership, trust, society or any other entity or group that is not incorporated in the United States or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of a foreign government (e.g., diplomatic mission).

“Foreign person” is synonymous with “foreign national,” as used in the Export Administration Regulations (EAR), and “foreign person” as used in the International Traffic in Arms Regulations (22 CFR 120.16). This definition does not apply to part 760 of the EAR (Restrictive Trade Practices or Boycotts).

Do you travel overseas on University business, whether for a conference, meeting, or to conduct field work? Do you collaborate with foreign persons, whether in the U.S. or abroad? Do you conduct tours or visits of research facilities? Do you work on sponsored research, even as a subcontractor, with people or entities from a foreign country? Have you provided consulting services internationally?

All these activities are examples of some of the normal, everyday business functions that occur at the University which are also subject to export controls.

There is a variety of scientific equipment at the University that is being used and developed. However, when designing such equipment, research needs to go into the components being used for these devices. If a component that is military-grade is used, the entire device as well as the project may become controlled in the strictest way. Equipment purchased from a vendor needs to be researched to ensure that there are no export controls that may require the need for a license.

This information is obtained when an item is being procured through the University purchasing system; however, it is standard and acceptable to ask for the Export Control Classification Number (ECCN), or United States Monitoring List (USML) from the vendor when obtaining a quote in order to discern if there are any export control risks prior to purchasing the item. The manufacturer/vendor of the item should also provide the Schedule B/HTS number.

Export compliance affects everyone in just about everything. Following the events of September 11, 2001, there has been a heightened level of awareness and scrutiny of all export activities with an emphasis on enforcement. Federal agencies are increasingly focused on universities and their compliance with export regulations. Non-compliance with export regulations can lead to substantial and severe criminal and monetary penalties imposed on both the individual who committed the violations as well as the institution. Not to mention spend time in jail, have licenses revoked, and an assortment of other consequences that the government deems appropriate for the crime.

While information is shared on campuses, there is still an ethical and sometimes legal responsibility to protect research. With the extensive amount of primary research done at universities, many researchers hope to gain recognition for innovative research. However, if their research is published by someone else first, they may lose that distinction and credit.Research is often funded by private companies or the government who may need a first-to-market practical application from the research to make it worth their investment. Stealing from the research then could equate to stealing money from the funding organization.

Very simply – you will not until you do some investigative work. But, you can help mitigate the release of controlled information by remembering these few points:

• Know the people you are working with. Verify with your supervisor or sponsor who is authorized to receive the sensitive information you are working on. Do not assume.
• Understand the project and not just the objective. The PIs and others that are part of the management team need to be aware and monitor items that are considered sensitive or export controlled. This includes the equipment being used for the research.Keeping an inventory of items in your lab/work space and establishing a technology control plan will help in managing the project as well as the department.
• Be aware of your surroundings. Do not talk to someone about sensitive information unless it is behind closed doors or through secured resources. SharePoint, Skype, NetMeeting and Cloud computing are not secured electronic sources.
• Keep a record of the meetings, phone calls, emails, or other activities that take place – especially when the project or information is sensitive or controlled in any way.
• When in doubt – ASK! Talk with your PI, Supervisor, Manager, or the University's Director of Export Control Compliance if you have a question or concern.

Five conditions must be met in order to apply the Fundamental Research Exclusion (FRE):

1. No publication restrictions can be accepted as part of the research agreement, either verbally or in writing.
2. No foreign person restrictions can be accepted as part of the research agreement, either verbally or in writing.
3. The scope of the project must constitute either basic or applied research.
4. The scope of the project does not constitute development.
5. The research project must be conducted at an accredited institution of higher learning in the United States.

Even if all 5 conditions are met, export controls may still apply to actual materials, items, or technologies involved in or resulting from the research.

UM Export Control Office News Brief — The Eye of the Hurricane — August 2022
UM Export Control Office News Brief —The Eye of the Hurricane — 2021

Use this decision tree to determine whether your project is in compliance with export controls, or whether further review is required by the Director of Export Control Compliance.

Use this decision tree from the Department of Commerce to determine whether you are subject to the EAR.

This decision tree from the Department of Commerce can assist in determining what to do if the project is subject to the EAR.

Please use this decision tree when shipping/transporting items out of the U.S.