Export Control

What Would You Like to Do?

 

Perform Research

Conducting research involves export controls in a variety of ways, even if your research is performed in the United States. Researchers, research staff, and those involved with research administration should answer the following questions to determine whether a project my require an export review. (If you have questions or need assistance, contact the Office Of Research Security And Regulatory Trade Compliance(OReSTCO)).

 

1. Are the parities involved with the Restricted Parties or from a Sanctioned Country?
   • Restricted Party screening is performed using Visual Compliance. Contact (OReSTCO) for a Visual Compliance check.
   • More information on Sanctioned Countries can be found in the Embargoes & Sanctioned Countries
2. Is the activity basic and/or applied research, or another type of activity (i.e., such as recharge for services)?
   • Basic and/or applied research is typically exempt from export control regulations under the Fundamental Research However, work that is not basic and/or applied (i.e., post-applied product development/engineering or engineering services) would not typically qualify. It is important to understand whether your work is Fundamental Research or falls into a different category.
3. Does the work qualify as Fundamental Research?
   • Work that is free from restrictions pertaining to publication and foreign national participation is considered Fundamental Research. Such work is exempt from export control regulations. The Fundamental Research determination is based on restrictions accepted by contract or other written or verbal agreement. OSU researchers should work with their Sponsored Programs office and/or Export Control if they have questions regarding whether their work qualifies as Fundamental Research.
4. If the work is Restricted, how do export controls apply?
   • Once a researcher, College Sponsored Programs Office, VPR Office, and/or Export Control determines that the work is restricted, the Export Control Office will work with the researcher and College Sponsored Programs office to better understand the project and evaluate how export control regulations will affect the project, who can participate in the project, etc.
   • The Export Control Office will determine whether the work falls under the ITAR or the EAR Jurisdiction. ITAR-controlled work precludes the involvement of foreign persons without an export license. EAR-controlled work may also require limitation on foreign national involvement. Where a researcher wishes to engage a foreign national in such highly controlled work, the Export Control Office will assist with applying for an export license for that individual.
   • The Export Control Office will classify the research/technology as well as related equipment, materials, software, and/or technical data that will be produced. More information on Classification can be found in the Jurisdiction and Classification
   • Based on the Jurisdiction and Classification of the work and the products of the work, a Technology Control Plan (TCO) may be required. A TCP outlines the practices and procedure required to comply with export regulations, for a specific project.
5. Will you receive, purchase, and/or use highly controlled items?

• Many research projects involve the receipt of information, items, materials, equipment, and/or software. Some of these things may be highly controlled, even if the work performed qualifies as Fundamental Research. While use of even highly-controlled items is generally allowed, there are circumstances where access to controlled things mut be strictly implemented (such as with ITAR equipment). More information on Controlled Items can be found in the Controlled Information & Fundamental Research
• If you are purchasing or receiving equipment, materials, software, and/or proprietary technical data, it is helpful to ask the provider (sponsor, manufacturer, etc.) about the export control classification of items provided.
• If the provider cannot or will not provide the export classification, and you think that export controls may apply, (OReSTCO) can help determine whether further review is necessary.

6. Will you perform defense services?
   • Some researchers may perform a defense service in which they furnish assistance (including training) or technical data to foreign persons related to the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles. Defense services also include providing military training to foreign units and forces (wherever located). Defense services are closely regulated under the ITAR.
   • Researchers engaging with foreign military in any capacity should contact Export Control for assistance determining whether their proposed engagement is a defense service.