Are these Regulations in any way connected to the recent Executive Orders affecting U.S. immigration?
No: Villanova has been working to strengthen it’s export compliance program for some time. Villanova is currently enhancing the export control compliance program on several key fronts, including process improvements, awareness training, and additional guidance to be made available through web resources. These web-based materials will further outline University processes and provide essential export information to the community.
What are Export Controls?
Export Controls refer to the U.S. federal laws and regulations governing the export of materials, data, technical information, services, and financial transactions to foreign countries based on U.S. security interests. These regulations include ITAR, EAR, and OFAC regulations amongst others.
Why are certain exports controlled?
Nonproliferation of Chemical and Biological Weapons
Control Access to Missile Technology
Limit Access to High-Performance Computing
How does the EAR work?
Under the EAR, items and technologies are assigned an ECCN or Export Control Classification Number. This number is a 5-digit alphanumeric code that identifies the item and technology. Export controls depend on the item classification and the export destination (or home country in the event of a deemed export to a foreign national). In the case of a controlled export, it may be necessary to apply to the Bureau of Industry and Security (BIS) for an export license.
What is the expected timeline for obtaining an export license?
Obtaining a license can take days, weeks or months depending on the agency involved and the details of the export. Licenses/applications can undergo multiple U.S. interagency reviews including but not limited to the Departments of Defense, National Security Agency, and the FBI. The University has no control over which U.S. government agencies review the license or how long the review process may take. If you do not know if the item or information you want to export is subject to export controls consult with ORA/OGC/UCO before proceeding. Should a license be necessary, these offices will work with you to prepare the application.
What are “Specially Designated Nationals” (SDNs) and restricted parties?
SDNs are nations, entities and individuals that are the subject of economic and trade sanctions under the OFAC. Restricted parties are those persons, nations and entities to whom exports are restricted; they may be specially designated nationals, but also include individuals and entities that have been debarred by the Department of State or restricted by the Department of Commerce because of previous violation of the regulations. It is important to note that OFAC sanctions severely limit financial transactions as well as actual exports. This includes paying to and accepting payments from sanctioned locations and individuals. Most often, these financial transactions will require a license.
How can I check for SDNs and restricted parties?
Villanova utilizes Visual Compliance to conduct restricted party screening. The service sends out notifications if previously screened individuals or entities become SDNs or restricted at any time. Please contact the following offices for assistance regarding checking SDNs and restricted parties:
If Research: Office of Research Administration
For General Guidance: The Offices of General Counsel or University Compliance
What is the “Fundamental Research Exemption”?
Fundamental Research is defined by the National Security Decision Directive 189 (NSDD189) “as basic and applied research in science and engineering, the results of which ordinarily are published and shared broadly within the scientific 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." In order to qualify as Fundamental Research, the research must be conducted free of any publication restrictions and without any access or dissemination restrictions. Research that qualifies as Fundamental Research is NOT subject to export controls as provided for under the federal regulations (15 CFR§734.8(3)(c)) (22§CFR 120.11(a)(8)). It is critical to note that the Fundamental Research Exemption will be lost if a researcher agrees to any “side-deals” allowing sponsors the ability to review and approve publications or to control access to the project or project results. Loss of the Fundamental Research Exemption can quickly put your research in jeopardy of non-compliance with export controls.
How do export control regulations affect foreign students?
In addition to actual shipment of a commodity out of the country, the export regulations also control the transfer, release, or disclosure of technical data about controlled commodities to foreign persons in the United States. The “deemed export” regulation states that transfer of source code, technology, or technical data to a foreign person is “deemed” an export to the home country of the foreign person.
Teaching faculty, research supervisors, and principal investigators who educate or supervise foreign national students, postdoctoral fellows, and staff must convey to them only that information or technology which qualifies as “fundamental research” and/or is in the public domain. Where interactions with foreign nationals in the United States could involve verbal, written, electronic, and/or visual disclosures of certain controlled scientific and technical information, an export control license may be required.