WSU Export Control & Compliance Officer James Elliott joins us again for part two of his column explaining the prevalence and importance of Export Controls. Elliott summarizes the principal areas subject to Export Controls, followed by those that are not, and when to seek guidance.
Meet James Elliott, ECoP
James Elliott joined WSU in January 2022 as its first Export Control and Compliance Officer. He's been a vital addition to the university's compliance efforts! Elliott has his Export Control Professional Certification (ECoP) in International Traffic in Arms Regulations under the Department of State and the Export Administration Regulations under the Department of Commerce.
Before Wichita State, Elliott was the Export Control Specialist at Purdue University in West Lafayette, Indiana. He was also previously a Professor of Philosophy at Indiana University and a Professor of Religious Studies at Purdue and Butler Universities.
How Export Controls Impact Nearly All Corners ...
by James Elliott, ECoP
As discussed previously in Part 1, “Export Controls” encompass a vast body of laws and regulations that can control aspects of nearly every corner of the university. In accordance with the Vision and Mission Statements for WSU and Policy on Research Administration, the Office of Export Controls & Compliance is dedicated to helping all areas at WSU flourish with regard to compliance with these regulations. No one wants to be on the wrong side of the law, and this is where the Office of Export Controls & Compliance comes in.
It will never be too early to start proactively thinking about how Export Controls might impact your office, research, collaborations, or personnel. If any of the following areas relate to your office or role at the university, your work may involve aspects of export control.
Research
Research or information that does not fall under the definition of fundamental research, such as:
- Research in science and engineering, particularly when sponsor- or externally-funded, which includes a proprietary component and is not intended for open publishing or educational purposes.
- Military, energy, biological, or space research which limits access or dissemination.
- Non-engineering research, such as in sociology, medicine, or marketing, which includes a proprietary component.
- Any proprietary research or information, such as information disclosed under an NDA, restricted to the public.
- Research funded by the U.S. Government, especially within the Department of Defense.
- Cutting-edge research in computer science or information technology.
- If you plan on taking on externally-funded work which involves a proprietary component or restricts access or dissemination, first reach out to exportcontrols@wichita.edu to ensure compliance.
International Travel
- Any international travel, including controlled information "traveling" with you or being "sent" over international borders, whether in physical or conceptual form, are subject to export controls.
- Certain destinations, e.g., embargoed and sanctioned countries, may not be traversable.
- What you are allowed to travel with (physical items) or discuss (information) with foreign persons or within foreign destinations will always depend on the specific details of your situation, including the content of your collaboration and the destination country at hand.
- If you are travelling internationally for research or work, first reach out to exportcontrols@wichita.edu to ensure compliance.
(Pexels/Andrea Piacquadio)
International Shipping
- All international shipments, except a few items such as previously published material, are subject to export controls.
- If you are shipping an item internationally, first reach out to exportcontrols@wichita.edu to ensure compliance.
Collaboration with Foreign Entities or Persons, or Denied Entities or Persons
- Foreign citizens of certain countries, even if holding a valid work visa, may not be eligible to be involved in certain export-controlled work or information.
- Certain activities and collaborations with OFAC-denied entities or persons will not be feasible.
- If you plan on taking on any international collaborations, or accepting any funds for research from a non-U.S. entity, be sure to first reach out to exportcontrols@wichita.edu to ensure compliance.
What Research, Types of Items, Information, or Technology is NOT Subject to Export Controls?
- Information already published, or publicly-accessible information (such as that which can be found online, published technical data, information made available through unlimited distribution at a conference or exhibition).
- Information classifying as fundamental research, with no publication restrictions or restrictions on access to results.
- General mathematical, scientific, or engineering principles, as well as information taught within an educational context such as through university courses.
- Usually, foreign-origin items temporarily in the U.S. are not subject to Export Controls.
When Should You Contact the Export Compliance Office for Help?
Here are a few red flags that might indicate you need to give us a call:
- You're not sure if the item you're exporting is allowed or restricted under current laws and regulations.
- You're working on a research project and you think it might have proprietary, military, or national security implications.
- You're planning on attending a conference or workshop in another country and you're not sure if you need to get any special approvals.
- You're planning on inviting a foreign researcher for collaboration.
- You're planning on traveling abroad with research equipment, sending a package to a colleague in another country, or even sharing certain types of information with someone from another country, and you're not sure if you're in compliance.
Navigating the waters of Export Compliance can indeed be some very tricky business, and this is only compounded within WSU's environment as an international state research and academic institution. Thankfully, we are here to lend a helping hand in all matters export-compliance!
The Office of Export Controls & Compliance has a direct email address for questions, exportcontrols@wichita.edu, or you may call 978-COMP.
Do not hesitate to send an email or call with any questions you might have - at any level of specificity or generality!