What do I do when my project may involve export control issues?

You are here

All PIs and other project personnel are individually responsible for compliance with export controls and trade sanctions.

Michigan State University is required to comply with a variety of U.S. Government statutes and regulations dealing with export controls and trade sanctions. ECTS has developed the on-line Export Control and Open Research Review Worksheet (ECORRW) to help identify export controlled technologies or materials found on the International Traffic in Arms Regulations (ITAR) list, and/or the Export Administration Regulations (EAR) list, and to identify research activities planned with international entities that may be subject to trade sanctions.

1.   If the project (in whole or part)
    • is outside of the United States,
    • suggests a military application, defense service or article,
    • requires the delivery of a prototype (including software), or a chemical or biological sample or product, when the provided material or information will not be made freely available to the public.
    • involves encryption or cryptology,
    • entails a restriction on open publication of MSU research results, other than allowing for a brief delay for a funder or other contractor(i) to check for erroneous inclusion of proprietary information it provided to MSU, (ii) to pursue patent protection and/or (iii) to accumulate reports from multiple subcontractors and coordinate publication of a multi-site clinical trial.
    • involves bacteria or viruses (or their toxins or genetic material) or radiation (or counter measures to it),
    • involves plant or animal pathogens,
    • entails a restriction on the citizenship of permissible project participants,
    • requires prior approval of project participants on an individual basis by the funder, OR
    • involves parties within, collaboration with, or funding from, a country on the Office of Foreign Assets Control country list: http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx
2.   For projects where funding originates with the U.S. government, MSU also requires that a review be completed if such funding comes from any of the following Federal agencies (with or without involvement of non-Federal prime contractors other than MSU):
    • US Department of Defense (DoD), including the Defense Advanced Research Projects Agency (DARPA)
    • US Department of Homeland Security (DHS), including the Federal Emergency Management Agency (FEMA)
    • US Department of Justice (DOJ)
    • National Aeronautics and Space Administration (NASA)
    • US Department of Commerce (DOC)
    • US Department of Energy (DOE)
    • US Department of State (DOS)
    • US Agency for International Development (USAID)
    • National Security Agency (NSA), and
    • Any intelligence agency (including DNI and  IARPA)
3.   For projects where funding originates from a non-U.S. Government source, MSU also requires that a review always be completed UNLESS it is the case that BOTH

NO condition set forth in #1 above applies, AND the project is one of the following:

    • Consumer software development in the United States,
    • A project focused on K-12 education services or testing in the United States,
    • A clinical trial being conducted in the United States,
    • Non-military human or animal health research, to be conducted in the United States
    • A seed testing or seed field trial conducted in the United States
    • An agreement with a Michigan or United States agricultural commodity group
    • Survey research or polling being conducted in the United States for a U.S. client.
    • A project to be conducted in the United States for a U.S.-based food or beverage producer or packager or Business planning, market assessment, or similar business services to be performed in the United States OUTSIDE of the defense, aerospace, and cyber-security industries.

ECORROW may be found at https://forms.exportcontrols.msu.edu

Engineering export control issues should be directed to Dan Segalman, John Verboncoeur or Leo Kempel.