Export Controls

An Export can occur through any oral, written, electronic or visual disclosure, shipment, transfer or transmission of any controlled commodity, technology (information, technical data, or assistance) or software/codes to a non-U.S. entity or individual, wherever located.

Export control laws regulate the distribution to foreign nationals and foreign countries of strategically important technology, services and information to protect national security, foreign policy, and economic goals. These laws apply to ALL UNIVERSITY ACTIVITIES – not just sponsored research projects.

Export Control regulations may apply to the following activities:

  • The ability of foreign scholars and students to participate in export-controlled research at PVAMU.
  • The ability of PVAMU researchers to disclose or discuss previously unpublished research at conferences and meetings where foreign nationals are in attendance.
  • The ability of PVAMU researchers to engage in collaborations with foreign researchers, including restrictions on teaching foreign collaborators how to use export-controlled items in research.
  • The ability to transfer research equipment abroad or any commodity, technology (information, technical data, or assistance) or software/codes.

EXPORT CONTROL CONCERNS

Although most of the research conducted and technology developed at Prairie View A&M University is exempt from U.S. export control regulations, ALL Faculty and Staff must be aware of export control risks and way in which violations can occur.

Examples of ways an export can occur includes:

  • Shipping,
  • Oral communications,
  • Written documentation (including e-mails),
  • Visual inspections of any technology, software or technical data to any non-U.S. citizen, whether here in the U.S. or abroad.

How do these regulations affect you as a faculty or staff member at PVAMU?

 

RESEARCH

If you are doing fundamental research and the results of the research will be in the public domain, you probably will not have any export control issues unless you have a foreign national working with controlled proprietary technology in conjunction with your research project.

When working on a project that has controlled proprietary technology or the government has placed access controls on the technology, you must have a Technology Control Plan in place that limits access as appropriate. For more information, please contact the Export Control Officer at researchcompliance@pvamu.edu.

 

INTERNATIONAL VISITORS

It is critical that before inviting any foreign nationals to the United States, you submit the Approval of Visiting Scholar Form to the research compliance office for review. No International Visitor may have access (whether verbal, written, electronic, and/or visual) to Controlled Information or Controlled Physical Items unless expressly permitted via an approved Technology Control Plan, license or as authorized in writing by the Export Controls Officer.

 

TRAVEL

Travel outside the U.S. can present export control issues for PVAMU employees. There are government regulations that affect the following activities:

  • Taking items with you on a trip in support of your work or conference such as
    • Laptops
    • Encryption products
    • Data/technology
    • Blueprints, drawings, schematics
  • Supplying certain technologies/data at a “closed” conference or meeting (not open to all technically qualified members of the public, and attendees are not permitted to take notes)
  • Money transactions and the exchange of goods and services in certain countries
  • Travel to sanctioned/embargoed countries
  • Doing business with certain people or entities

This means that a license could be required from the Departments of Commerce, State, or Treasury contingent upon what you plan to take, and the country you plan to visit. Another aspect to consider is if you are providing a defense service (hyperlink to definition) to a foreign person.

Travel to most countries does not usually constitute an export control problem. In some cases, an exception or exemption to the license requirements is available; however, regulations require the exception/exemption to be documented, and records must be kept for five years. Prior to all International Travel, the International Travel Checklist must be submitted for review.

 

PURCHASING

Purchasing items from an International visitor may be prohibited depending on the vendor. Prior to submitting a Purchase Order, please contact the Export Control Officer to determine if there are any restrictions associated with the transaction.

 

SHIPPING

Shipping items outside the U.S. could require a license from OFAC, the Department of State, or BIS. Please contact the Export Control Officer to determine if a license is needed. Obtaining a  license can take at least two months, so allow plenty of time before you need to ship. Do not ship an item outside the United States without the proper licensing. If customs audits the shipment, and a license was required and not in place, you and PVAMU may receive a fine.

 

Reporting Concerns

All PVAMU employee and students have the responsibility to report possible violations of U.S. Export Control laws and regulations. Suspected violations should be reported to the Export Controls Officer, Ms. Crysta Mendes, crmendes@pvamu.edu, 936.261.1553, with the details of the suspected violation.

Suspected violations may also be reported via the ethics and compliance hotline.

Contact Us

Office of Research Compliance
Wilhelmina Delco Building, Room 120
Email: researchcompliance@pvamu.edu
Contact Telephone Numbers: (936) 261-1553
(936) 261-1588