The Export Control Compliance Program at WVSOM is designed to support WVSOM faculty, staff, students and other affiliates with ensuring compliance with Federal export control laws and regulations. These include the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR) and the Office of Foreign Assests Controls (OFAC). These laws apply to both work internationally ("exports") and work with international collaborators within the United States ("deemed exports").
It is important to understand that export control laws may apply to any shipment, transmission or transfer physical items, information, or technology (e.g. software) outside of the United States. Depending on the type of these items or technology, the U.S. Government may require an export license prior to sharing the item or information with other countries or foreign nationals within the U.S.
Though WVSOM is primarily an educational institution and many of its activities fall under a Fundamental Research Exclusion to licensing requirements, WVSOM is committed to ensuring compliance with the Federal Export Control Laws. The following areas provide more information on how to ensure individual compliance with Federal Export Laws, and WVSOM's policies and procedures related to such activities.
Statement of commitment to the Export Controls Act by Dr. Edward Bridges Vice President for Administration and External Relations
Generally, WVSOM activities are excluded from Export Control Laws through a Fundamental Research Exclusion (see below). However, to ensure this is the case, all WVSOM personnel (staff and students) are required to submit an International Collaboration form to the Export Control office anytime they:
This form will be reviewed and further guidance provided. Please ensure this form is submitted at least 30 days in advance, and if you suspect you need to apply for an export license, at least 90 days in advance. Additionally, when traveling with electronic devices, certain forms will be required (see below).
The Export Control Laws are spread throughout various Federal Agencies. The main three are:
There are other departments that oversee the execution of regulations related to Export, but the three listed above are the most commonly encountered applicable regulations related to Institutions of Higher Education.
Sharing information while abroad, or with foreign nationals within the US, may be excluded from export control laws if it is covered by a "Fundamental Research" exclusion. Fundamental research is basic or applied scientific or engineering research, the results of which are normally published and shared broadly within the scientific community. This is in contrast to proprietary research by (or funded by) an industry. A key difference is that the industry or sponsor restricts the publication or dissemination of the results. Fundamental research is an important component of academic freedom and most of the research conducted at WVSOM falls within the Fundamental Research Exclusion related to Export Control Laws. No license is needed to share the results of Fundamental Research, though the sharing of goods/items made through such research IS regulated by Export Control Laws.
The Fundamental Research Exclusion is not valid if the work is conducted through an agreement that:
Make sure you know what you have agreed to when you accept an agreement, written or otherwise. The WVSOM Sponsored Programs group may help you navigate such agreements.
When you leave the United States, you should understand your obligations under export control regulations. If you travel with electronic devices, access data remotely, or utilize encryption software, your activitites may be subject to export control laws. Keep in mind that U.S. Customs officials are authorized to review the contents of computers, laptops, or tablets without probable cause. Thus, you should ensure you know what you have on the electronic device.
Electronic devices exported for work purposes are often able to be temporarily exported under a "Temporary exports-Tools of the Trade" (TMP) exception. This exception is allowable if:
WVSOM may permit you to borrow a laptop that the Information Technology Department has prepared for temporary export. When you have completed the International Collaboration form, you may also be asked to complete a TMP exception and borrow a WVSOM laptop.
When you leave the United States, you should understand your obligations under export control regulations. If you travel with electronic devices, access data remotely, or utilize encryption software, your activities may be subject to export control laws. Keep in mind that U.S. Customs officials are authorized to review the contents of computers, laptops, or tablets without probable cause. Thus, you should ensure you know what you have on the electronic device.
Personal electronic devices (and other items) exported for personal use are often able to be temporarily exported under a "baggage license" (BAG) exception. This exception is allowable if:
It is recommended you complete and carry with you a BAG form when traveling internationally.
WVSOM may provide a loaner laptop for international travel. This computer has a standard image and software. It has intentionally not been encrypted. To adhere to WVSOM institutional policy R-07 regarding compliance for US export control laws and regulations no personally identifiable information (PII), HIPAA, or FERPA data should be stored on this device. As part of the international travel the individual receiving this loaner laptop should have already consulted with the WVSOM Office of Research and Sponsored Programs (ORSP). The recipient of this loaner device will follow the protocol below:
The Office of Foreign Assets Control, a division of the Treasury Department, maintains a list of embargoed countries and persons on sanctions lists. As part of knowing you who are working with, and whether any sanctions exists related to your country of travel, you can access OFAC's lists at the link below.
Sanctions Programs and Country Information
Peter Feltman, MS
Research Integrity and Compliance Administrator
Associate Dean, Research and Sponsored Programs
Export Control Manager