Import/Export Considerations when Hiring

  • When applicable, work and research undertaken at WSU requires proper handling, using, and safeguarding of information that is subject to U.S. Export Control Regulations by federal law. Access to federally export-controlled Information is a privilege. Unauthorized access, use for an unpermitted purpose, and or mismanagement of such information risk economic and strategic injury to the information owner and reputational harm and legal complications for Wichita State University and yourself. Researchers may be held personally liable for violations of such terms and regulations. No one wants to be on the wrong side of the law, and this is where the Office of Export Controls & Compliance (“ECO”) comes in. The office is dedicated to helping all areas at WSU flourish in its compliance with these regulations, and can be contacted at exportcontrols@wichita.edu or (316) 978-COMP. For a general primer on what “Export Controls” refers to, what your responsibilities are, and what triggers export control law and research security concerns at Wichita State, see the “General Guidelines” below.
  • What does this have to do with hiring employees? The bottom line is that when there are export compliance or regulatory research security matters at hand, they drastically affect how you may go about filling a position. In some cases, due to the type of work being done, US personhood, establishing a TCP, or gathering a license by a federal agency may be required. Issues related to dual citizenship, country of birth or interactions with a sanctioned country or university may also come into play during the hiring process, as well as OFAC-related concerns such as denied entities and restricted parties. While maintaining compliance export laws, we also must ensure continued compliance with federal labor laws, making sure that these restrictions are only used when necessitated by federal regulation. For this reason, it is important to understand the impact of export compliance before posting a position so that any restrictions on applicants can be included with the ad. Again, for a general primer on what “Export Controls” refers to, what your responsibilities are, and what triggers export control law and research security concerns at Wichita State, see the “General Guidelines” below.
  • In order to determine if Export Control review and approval is necessary for your new hire, please see and utilize the Export Control Hiring Checklist. If export control review and approval is required for submitting your job posting, then we cannot proceed with the process until approval has been received by the Export Compliance Officer.

 

General Guidelines

  • As a general note, a foreign national hire (i.e., a hire who is not either a U.S. Citizen or a U.S. Permanent Resident/“Green Card”-holder) can only have access to data, information, projects, and research that meets the definition of Fundamental Research (definition below), absent approval by the Export Control Office. It is the job of the applicant’s supervisor to ensure that such an applicant only has access to fundamental research until such access has been approved by the ECO.

The definition of “Fundamental Research” as provided in 15 CFR § 734.8, is:

"...basic and applied [information or] research... where the resulting information is ordinarily published and shared broadly in the research community, as distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary or national security reasons."

  • Wichita State University is a federal contractor. Compliance with such federal and state laws is critical to being able to conduct business here at Wichita State. Wichita State University is required to certify or assure state and federal governments that the University complies with relevant statutes, administrative orders, etc.

 

  • As the applicant’s supervisor, it is your responsibility to ensure compliance with access restrictions that may be placed on certain hires. It is your responsibility to reach out to the Office of Export Controls & Compliance if there are any questions or concerns on these terms and/or export controls and how it pertains to the applicant’s involvement in research or their work at WSU. It is your responsibility to seek approval through the Office of Export Controls & Compliance prior to allowing the applicant any access to proprietary, controlled, or confidential data, information, or technology, or any export-controlled information or data or information covered on a Technology Control Plan. Pursuant to the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et seq.) and the Export Administration Act of 1979 (Title 50, U.S.C., App. 2401 et seq.), violations are subject to severe criminal penalties.

 

  • Training on relevant laws & regulations pertaining to research security and export controls is available for your group and/or new hires. Please reach out the Export Control Office with any request for training(s).

 

  • If you plan on working with NIAR/IDP at WSU in any capacity, please ensure to reach out to exportcontrols@wichita.edu prior to engaging, as much of the programs done under the IDP umbrella is subject to various research security & export controls.

Research

  • Research or information that does not fall under the definition of fundamental research is export controlled, 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 prior to engaging with any foreign nationals, including students.

International Travel & Collaboration with non-U.S. Persons

  • 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.
  • Export controlled technical data is considered a “deemed export” if it is accessed by or shared with a foreign national, even within U.S. borders on a university campus.

If you are travelling internationally or collaborating with foreign persons or entities for research or work, first reach out to exportcontrols@wichita.edu to ensure compliance.

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.
  • International 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, whether they are domestic or abroad.
  • 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, the Office of Export Controls & Compliance is here to lend a helping hand in all matters export-compliance.

The office has a direct email address for questions, exportcontrols@wichita.edu, or you may call 978-COMP.

Please do not hesitate to send an email or call with any questions you might have - at any level of specificity or generality!

SME: 2/06/18 MH
Revised: 09/25/2024 NH