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EMU Research

Export Control Review

Eastern Michigan University (EMU) is committed to implementing and maintaining procedures in order to comply with all export control regulations and embargoes.

 

EMU is also committed to disseminating results of its research to the widest possible public audience. It is therefore the practice of the University to accept only research projects that fall within the definition of fundamental research as set forth in NSDD-189. Contractual or program requirements that restrict the use of foreign nationals on grant or contract agreements are inconsistent with the university philosophy of openness of research and non-discrimination. Therefore, such provisions will not generally be accepted.

 
 

Export Control Committee

 

The Export Control Committee (ECC) provides oversight and guidance regarding export control compliance. The committee membership includes one General Counsel representative, one Office of Research Development and Administration representative, one Office of International Students representative, one Business and Finance representative, the Research Compliance Officer, the Associate Provost and Associate Vice-President of Graduate Studies and Research, the Director of the Technology Transfer Office, and two faculty representatives. The Provost and Vice President for Academic Affairs appoints members of the committee from nominations submitted by heads of the represented units, and the Faculty Senate appoints the two faculty representatives. The Associate Provost and Associate Vice President for Graduate Studies and Research or his/her designee serves as the institutional official authorized to secure export licenses when needed.

 

The committee provides guidance and oversight of Export Control procedures at EMU. The Committee also provides appropriate training and outreach for Export Control concerns.

 
 

 

Export Control Officers

 

The Export Control Officers are the Associate Provost and Associate Vice-President of Graduate Studies and Research, the Director of the Office of Research Development and Administration, and the Research Compliance Officer. All Export Control concerns must be communicated to an Export Control Officer prior to the activity. The Export Control Officers are responsible for informing all parties of any licensing requirements or prohibitions and for obtaining licenses when necessaryThe Export Control Officers also review technology-control plans developed for research that may be export controlled.

 
 

Review Procedures

Sponsored Activity

The Office of Research Development and Administration (ORDA) screens all grant and contract proposals and awards for the following:

 

  • Restrictions on publishing research results
  • Restrictions on foreign nationals from performing or accessing research results
  • Restrictions on deliverables or results from being disclosed or delivered to any country or individuals
  • Requirement to use third-party information that is subject to nondisclosure obligations
  • Deliverables that include equipment that may be controlled by export regulations or encryption software

 

If any of these items apply, the fundamental research exclusion does not apply. Further review by ORDA together with the project director is required to determine if the technology is controlled.

 
 

Non-Sponsored Activity

 

It is important to note that export control laws and embargoes apply to all activities undertaken by EMU faculty, staff, and students whether sponsored or not. The Export Control Officers must be contacted if there are any questions regarding the applicability of export controls or embargoes to non-sponsored research.

 

 
 

Creating a Compliance Plan

 

If the technology is controlled, the researcher or principal investigator must create and submit to the Export Control Officers a plan that addresses the following questions:

 

  • How will the persons working on the project be precisely documented and controlled?
  • How will unauthorized persons be restricted from accessing research data? How will those gaining access to research data be tracked and documented?
  • What physical measures will be implemented to prevent access to the project by unauthorized persons?
  • Is there a compliance person in place who can answer questions about export regulations, controls, and processes?

 

This plan will be submitted to the Export Control Officers for review in consultation with legal counsel and approval. Once the Export Control Officers approve the plan, it will be forwarded to the Project Director, Department Head, and Dean for approval. Plans should be submitted electronically to research.compliance@emich.edu.

 
 

 

Obtaining an Export License

 

If it is determined that a research project entails a controlled technology, a license may be required before the technology can be shared, disseminated, or exported. This requirement applies to research results as well as tangible items. The processing time for a license is normally four to six months after the license application is submitted. Be sure to provide sufficient time for your compliance plan to be approved by the Export Control Officers in consultation with legal counsel and the Export License to be approved.

 
 

 

Export Control Compliance Training

 

The ECC and Export Control Officers will be responsible for export control compliance training, informing researchers and administrators about export restrictions, and procedures for compliance. For in-person training, contact the Research Compliance Officer at research.compliance@emich.edu or 734-487-3090.

Elevating Communities, Inspiring Generations

EMU Research, 200 Boone Phone: 734.487.3090 mail orda_dept@emich.edu