Overview
Aspects described on these pages help the Boise State community to protect their work, the university, and the nation by making wise choices when selecting research collaborations, working with collaborators, presenting at conferences, publishing research results, shipping goods, traveling, and more. Our faculty and staff conduct substantive and important research that contributes regionally, nationally, and internationally. However, such research must be carried-out in a careful fashion because at times, even if unintended, some research may include significant safety risks to the public, or have potential application in military, space, or intelligence fields. When addressing export control, exporting does not simply mean taking research information or equipment out of the country; it also means sharing it with certain individuals here in the U.S., or even on campus, who could then be deemed to have taken that product or information abroad.
Background
“In furtherance of world peace and the security and foreign policy of the United States,” various federal laws govern the export of regulated items (see 22 U.S. Code § 2778). These laws seek to prevent terrorism, deter the proliferation of weapons of mass destruction, and preserve economic competitiveness. Violations of these laws can result in significant criminal or civil penalties for both the university employee and the university (for each violation: imprisonment up to 20 years, debarment from government contracts, or a fine up to $1,000,000).
Ask before Acting
Multiple federal agencies regulate exports via regulations such as the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), or via the Office of Foreign Assets Control (OFAC). Export of ITAR-controlled articles, technical data, or software require an express written authorization from the export control office in advance for each export. Please contact the export control office if the scope of your work includes a military, space, or intelligence aspect. Any activity involving an embargoed, sanctioned, or prohibited country, destination, organization, or individual generally poses significant risk and must be reviewed by the export control office in advance of initiation of a potential export.
Foreign Interactions
Any interaction associated with a foreign person or a foreign location must account for export control laws. To illustrate, this includes tangible/intangible items that cross an international border such as via shipment/handcarry, in-person transfers of goods/software, communication of scientific/technical data/information by any means, electronic access to scientific/technical data/information on a computer network, visual access to ITAR-controlled equipment, furnishing assistance/training pertaining to a defense article/application/purpose, or the like. Accordingly, any activity involving foreign individuals, foreign corporations, subsidiaries of foreign corporations, foreign governments, foreign agencies linked to foreign governments, individuals representing foreign interests, foreign locations having U.S. persons/entities, or the like may result in an export. In some instances, an export can happen accidentally or without knowing that it occurred.
The anticipated timeframes for reviews of foreign interactions by the export control office are estimated based on the U.S. Government’s Commerce Country Chart found in Supplement No. 1 to Part 738 of the EAR. The timeframes are based on the number of “X’s” (or reasons for control) listed for each destination, and are provided to help individuals considering a foreign interaction to plan ahead and plan accordingly. A review for a destination with a greater number of reasons for control should be expected to be more involved than a review for a destination with relatively fewer reasons for control (e.g., an interaction with an embargoed, sanctioned, or prohibited country, destination, organization, or individual should be planned-for at least many months in advance). These anticipated timeframes are estimated based on varying factors of involvement necessary for each unique destination:
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- 1-6 Reasons for Control: 30 business days
- 7-10 Reasons for Control: 60 business days
- 11+ Reasons for Control (including those countries listed without X’s that include citations to the EAR): 120 business days
Research
On one hand, export control laws mandate legal requirements based on the interests of world peace, U.S. national security, U.S. foreign policy, and U.S. economic vitality. On the other hand, research universities typically have traditionalistic notions of unrestricted academic freedom, open publication, and broad dissemination of research results. As Boise State University’s tradition of academic freedom and openness in research may, at times, intersect with U.S. export control laws, all members of the university community should understand the laws, regulations, and implementation requirements. Boise State University is committed to fully complying with all U.S. export control laws and regulations.
Resources
Export Control Manual (requires Boise State login)
Please direct questions related to export controls to coi@boisestate.edu.
Disclaimer
Boise State University’s export control materials found on this website directly relate to the Boise State University community. As such, for example, the export control content described herein may not fully apply to a specific situation faced elsewhere. Boise State University’s export control materials do not consist of legal advice. Those outside the Boise State University community should not act or rely on any information on Boise State University’s export control website and should seek the advice of an attorney before taking any action.