Traveling Internationally

 

Guidance for International Travel

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Following are examples pertaining to some of the key questions raised regarding foreign travel:

• Will you be transporting (either through carry-on luggage or checked bags) laboratory instruments, tools, samples, raw materials, prototypes?

   Examples of carry-on or checked items of concern include (but are not limited to): portable GPS devices; instrument parts/components; environmental testing kits; small UAVs; microchips and boards being developed for research purposes; biological materials or reagents; dry, prepared agricultural samples; etc.

• Will you be traveling with a portable electronic device containing proprietary export controlled data, OSU confidential or export controlled data as defined by law or OSU policy, or data which is associated with an export-restricted project or instrument that you have been or are working on currently (even if such data has nothing to do with the purpose of your immediate travel)?

   Examples of these types of digital data (but not limited to) the following: data that is marked or labeled “proprietary,” “export controlled”, “CUI,” or is the result of an export controlled or data-security restricted sponsored program; data that is subject to FERPA requirements; or data which has been identified as OSU-confidential Intellectual Property (IP).

• Will you be transporting any device that incorporates specialized scientific software (not including typical operational software such as Microsoft Office, Adobe, etc.) or software programs utilizing specialized cryptographic functionality (not including routine commercial laptop cryptographic protection)?

  Examples of these types of software include the following: software associated with operating a scientific laboratory instrument known to be export controlled; software that is marked by the vendor or licensor as “proprietary” or “export controlled”; or software added to the device in order to provide a higher level of cryptographic functionality than what is normally found on the device.

• Will you be providing any specific training or technical assistance, advising or consulting service to another individual, entity, or governmental institution (or representatives) beyond scientific collaboration in fundamental research? If the answer is YES, please describe in the “Traveler’s Additional Notes” section below.

   Examples of such activities include the following: advice, training, consultation (even if content is found in the public domain) to a governmental institution, including (but not limited to) a defense agency; forensic or defense related content; cybersecurity-related or intelligence-gathering methods; law/order enforcement or other advice to an international governmental entity or representative.

• Are you planning to engage with an institution or organization with whom Oklahoma State University does NOT currently have a formal partnership (i.e., inter-institutional agreement, academic or research collaboration agreement; business or service contract)? If the answer is YES, or you are not sure if there is a formal partnership, please list the institutions or organizations and describe how you would engage with them in the “Traveler’s Additional Notes” section below.

   Examples include the following: first time exploratory or multiple visits with a person or institution to pursue an inter-institutional relationship for academic, research or business objectives that, to your knowledge, is not currently reflected in an agreement with OSU.

Foreign Influence Concerns Related to International Travel

The term “Foreign Influence” is generally used to characterize a situation where an international entity positions itself to gain access to OSU’s Intellectual Property (IP) and/or export-controlled information; or to covertly influence or steer the course of federally-funded research in a manner that benefits said foreign entity. Foreign Influence may involve facilitating research efforts (in the U.S. or abroad) so as to provide the foreign entity with direct visibility into research activities in an incidental or even “supportive” manner, though nonetheless outside the scope of the intended collaboration.

 

OSU personnel traveling internationally may encounter unintended situations of Foreign Influence when traveling abroad that may not be readily apparent. For example, Foreign Influence may occur when a foreign party offers to pay for international travel, lodging, and expenses with the ultimate objective of obtaining unauthorized research information; or, when a foreign party offers to provide in-kind laboratory research support in exchange for on-site consulting or advice. Similarly, proposed engagements by foreign parties who the U.S. Government identifies as a Restricted Party are a per se indicator of potential Foreign Influence.

 

Foreign Influence is a global risk. This has been recognized by both Federal research-sponsoring agencies and the State of Oklahoma legislature, citing numerous countries of concern including but not limited to People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicholas Maduro, and the Syria Arab Republic.

 

Export Regulations and International Travel

Export Control regulations apply to key aspects of international travel, including:

• Travel to and/or engagements with parties located in Sanctioned and Restricted countries
• Activities that may facilitate the export of technical data
• Exports of items, equipment, materials, and/or biologics before or during travel
• Activities which qualify as a ‘defense service” under the State Department’s ITAR regulations

In the case that an export license or authorization is required to export a physical item related to your proposed international travel (e.g., hand-carried equipment, materials, or controlled materials), the Export Office will work with you to obtain such a license and/or adjust your travel plans to preclude license requirements. Similarly, in the event that your proposed travel activity constitutes a defense service in relation to a foreign government or defense agency, the Export Office will coordinate the appropriate licensing and compliance measures.

 

Where Are You Going?

While export controls apply to all countries, travel and other activities to/with OFAC-sanctioned countries (currently Cuba, Iran, Syria and North Korea) is prohibited in most cases without a license or authorization. Likewise, most exports to these countries require a license. The Export Office can work with travelers to determine compliance requirements, and early notification will help facilitate travel objectives. Please contact Export Control Office as soon as you anticipate travel to a sanctioned country.

 

Activities and Interactions

While most activities abroad do not require an export license (except with respect to OFAC-sanctioned countries), it is important for travelers to be aware of the following export control concerns:

Restricted and Prohibited Entities:

There are a number of individuals and entities around the world that are subject to special restrictions. For many of these entities, ALL exports or even basic items (e.g., promotional materials, office supplies, etc.) require an export license. Moreover, OFAC regulations prohibited Oklahoma State University from providing material or financial assistance to any blocked or sanctioned individual or entity. <NEED TO CONTINUE THIS ONCE WE HAVE A TRAVEL PROCESS IN PLACE.>

Research and Academic Presentations While Traveling:

Presenters must ensure that all research and academic information in their presentation is publicly available, eligible for publication/dissemination, and/or non-proprietary. Many presenters find it helpful to confirm that these criteria are satisfied prior to travel so that any necessary adjustments can be made in a timely manner. If there are any questions about whether material is eligible for dissemination during international travel, please contact Export Control Office.

International Field Work

In most cases, field research conducted outside the U.S. will qualify for OSU’s Fundamental Research Exclusion. However, ITAR defense-controlled research cannot be conducted internationally without an export license, even if it otherwise qualifies as fundamental research when conducted at OSU or elsewhere in the U.S. Before conducting sponsored research internationally, including field research abroad, researchers should confirm that the work is not export restricted. Please contact Export Control Office with questions, or if your work abroad involves any of the following:

• Exporting items in advance of travel (instruments, materials, software, controlled technical data)
• Providing payments of any kind to a foreign person, entity, or institution
• Purchasing or obtaining items or materials from an international source
• Importing samples to the U.S. from a foreign destination
• Working with a foreign government and/or military.

 

What Are You Taking With You?

Items taken to an international destination are considered “exports” under U.S. export control regulations, even when such items return to the U.S. with the traveler. As such, some items may require an export license or authorization to be hand-carried or baggage-packed in the course of international travel. Failure to obtain an export license or authorization in these cases may result in Customs detention or delays, significant fines or penalties, and/or inability to enter the foreign destination.

 

To aid in completing the export control portion of the Traveler’s Authorization, you are encouraged to preview the following questions in relation to items that may be exported during international travel:

• Will you be transporting (either through carry-on luggage or checked bags) laboratory instruments, tools, samples, raw materials, or prototypes for any reason (including, but not limited to, for your own research, a collaborative purpose, or to give to someone)?

• Will you be traveling with a portable electronic devise that contains or stores proprietary export-controlled data, Oklahoma State University confidential or proprietary data as defined by law or Oklahoma State University policy, or data which is associated with an export-restricted research project or instrument that you have been or are working on currently (even if such data has nothing to do with the purpose of your immediate travel).

• Will you be transporting any device that incorporates specialized scientific software (not including typical operational software such as Microsoft Office, Adobe, etc.) or software programs utilizing specialized cryptographic functionality (not including routine commercial laptop cryptographic protection)?

• Will you be providing any specific training or technical assistance to another individual, entity, or governmental institution (or representatives) beyond scientific collaboration in Fundamental Research?