Draft approved by the Graduate Council on April 2, 2010; pending further University approval:
Introduction
Southern Illinois University Edwardsville (SIUE) complies with all applicable Federal laws and regulations. Export control regulations, including the Export Administration Regulations (EAR) controlled by the U.S. Department of Commerce, the International Traffic in Arms Regulations (ITAR) managed by the U.S. Department of State, and the sanction regulations governing the transfer of assets governed by the U.S. Department of Treasury through its Office of Foreign Assets Control (OFAC), directly affect and regulate the activities of SIUE researchers.
Policy
It is the policy of SIUE that teaching, research, and service will be accomplished openly and without prohibitions or restrictions on the publication and dissemination of the results of academic and research activities, except as otherwise restricted by applicable policy, regulation, or law. Certain federal export control regulations require SIUE to obtain permission and/or a license from one or more federal agencies prior to sharing or communicating research information with or transferring research materials to non-U.S. citizens or to entities located outside the U.S.
The Associate Provost for Research administers export control regulation compliance at SIUE with the assistance, as needed, of other appropriate offices, including, but not limited to, the Office of General Counsel and the Emergency Management and Safety Office. Specifically, the Associate Provost for Research (1) maintains compliance with export control laws within sponsored projects administration, (2) educates researchers and department, school and central research administrators on export regulation compliance, and (3) provides a central point of contact for information and assistance in compliance for SIUE’s research community. Proposals, research agreements and material transfer agreements under the administration of the Associate Provost for Research shall be reviewed for export control compliance. In addition, the Associate Provost for Research shall assist deans in the oversight of research conducted without external funding.
Restrictions on the use of foreign nationals in program requirements or contractual requirements impose stringent export control obligations on the University, including restrictions of access to laboratories and research data. To the extent that contract clauses are inconsistent with SIUE’s policies on openness in research and nondiscrimination, such clauses will generally not be accepted. However, notwithstanding any policy or practice to the contrary, SIUE shall pursue its mission in teaching, research, and service in a manner consistent with the applicable export control regulations and by maximizing research opportunities that qualify for the public domain or fundamental research exemptions to those regulations. Those research projects that do not qualify for such an exemption must be submitted to the Associate Provost for Research for evaluation and consideration in consultation with the appropriate department head and dean. In any case where a federal export control license is required by law, the activity or research will not commence until the license is obtained.
Referenced SIUE Policies:
Resources Consulted:
