Export Control

What is export control?

Federal law prohibits unlicensed export of some goods, services, or information to protect national security and U.S. interests in international trade. Compliance with export control regulations has become increasingly important over the last few years, with federal officials pursuing both civil and criminal action against violators. ISU has established protocols to help ISU faculty, staff, and students navigate these complex regulations.

Controlled exports are regulated by the federal government and include goods, technology, including software. Examples of controlled exports are building materials, circuit boards, automotive parts, blueprints, design plans, retail software packages, technical information. The transfer of the controlled goods or technology to certain persons or entities inside or outside the United States is restricted or may require an export license. In some cases, services to entities outside of the United States or to foreign governments may also be prohibited. Thus, ISU personnel should not assume that export control requirements do not apply.

Compliance with US Export and Import Control Laws is the responsibility of all ISU faculty, staff, and students. The University’s Export Control Committee is responsible for export control oversight, including the development of training, education and assessment tools, and the recommendation of policies and procedures to promote the University’s ongoing compliance with export control laws.

Activities such as those listed below should be disclosed to the office identified to endure regulatory compliance and to protect the faculty, staff, students, and institution from compromise. Where situations are more complex, the University’s Export Control Committee will be engaged as needed.

International visitors to ISU's campus are vital to creating and maintaining an inclusive and diverse campus experience.

The Center for Global Engagement is responsible for ensuring export compliance when ISU departments or faculty host international visitors. When Admissions issues documents for the scholar or student exchange J-1 visitor program, CGE coordinates a review process for these international visitors through use of the software program Visual Compliance. While most often there are no concerns from this review, conducting the review allows ISU and its employees to remain in full compliance with regulatory requirements.

Any department or program that intends to host an international visitor for a conference, speaking engagement or other collaboration on campus should contact Chris McGrew for information about the process of review.

International students and staff are highly valued at Indiana State University, and their contributions remain a cornerstone of the rich, diverse experience ISU offers the entire ISU community.

The Center for Global Engagement (CGE), in consultation with the Office of Human Resources, is responsible for export compliance when international employees and students are engaged in export-controlled activities. Once an activity or commodity is deemed export-controlled by the Export Control Committee, CGE will coordinate screening of international employees and students through Visual Compliance, a software program that provides review of all U.S. government restrictions.

While most often there are no concerns from this review, conducting the review allows ISU to remain in full compliance with regulatory requirements.

Questions about opportunities to work with international staff and students on campus should be directed to the Center for Global Engagement.

Questions about recruitment of international faculty or staff should be directed to the Office of Human Resources.

Researchers who are planning to engage in international research collaborations or contracts with foreign entities, regardless of how/or if the project is being financially supported, should disclose information about the collaboration or contract to the Office of Sponsored Programs (OSP) prior to making any commitments with international collaborators.

The Office of Sponsored Programs will conduct a check of all U.S. government restrictions; including a check on Visual Compliance for the most up to date Commerce Control List and Country Chart. While most often there are no concerns from this review, conducting the review allows ISU to remain in full compliance with regulatory requirements. In some cases, other concerns will arise, such as legal or compliance requirements related to tax, privacy, employment, financial transactions or other issues. If this is the case, Sponsored Programs will work with the Office of the General Counsel and the researcher to address these concerns.

Departments with contractual arrangements with an international entity that are not research-related should contact the Office of the General Counsel for assistance. All proposals for software licenses should be submitted to the Office of Purchasing, and the Office of Purchasing will work with the Office of Information Technology for review.

Faculty and staff who plan to collaborate with international researchers will be asked to complete the CITI Program training module: Introduction to Export Compliance, which is available on the CITI Program website. For faculty and staff who have not registered with CITI please contact the Office of Sponsored Programs to get started.

As part of its core values to collaborate with our local and global communities to create long-term relationships, connectedness with integrity, and a shared sense of pride, Indiana State University strives to maintain a diverse and vibrant academic community that welcomes foreign researchers and encourages international collaborations for the general advancement of human knowledge. This is best served by fostering a culture of academic freedom that promotes the free exchange of ideas and encourages the broadest possible dissemination of knowledge and information through a wide array of research, teaching and clinical activities both within the United States and abroad.

General Advice

When leaving the country, be aware that the items you take can be considered an "export", including electronic devices and the software and data that may be housed on or accessed from them.
The traveler should ensure that electronic devices and presentations do not contain any export-controlled data or technology.
Some very specific goods, software, or data may not be taken out of the U.S. to certain countries without a license from the State Department.
Tangible items developed through fundamental research may still be subject to certain export control regulations.
Travel to embargoed and sanctioned countries may be prohibited. Regardless of the source of funding or if the travel is of a personal nature, please consult with the Center for Global Engagement prior to arranging travel to the following countries:
Crimea Region of the Ukraine
Cuba
Iran
North Korea
Syria

The Center for Global Engagement (CGE) will review related federal government information to provide the traveler with more specific information.

All ISU-sponsored international travel will be referred to the Center for Global Engagement for export control review as part of the travel approval process. CGE, in consultation with the Office of Risk Management, can also provide information on risk management for ISU-sponsored student travel. The referral to CGE allows each registrant to be eligible for emergency evacuation services should they be required in the event of natural disasters, health emergencies or political unrest.

*International travelers should be advised that special consideration should be given for COVID-19 requirements in other countries.

Sending or taking controlled technology, information, or goods outside of the United States is considered an export and may require an export license. The list of items that may trigger a license requirement is long and includes biological material, electronics, genetic material, cameras, software, computers, design kits etc. The Office of Purchasing is the primary contact for international shipping and purchasing concerns. Purchasing will screen vendors and review terms and conditions of agreements and shipping requirements. If additional information is needed, Purchasing will consult with the Export Control Committee.

Note that equipment and materials purchased by the University to support research and educational activities may be subject to export or import control requirements. Foreign nationals are generally permitted to use export-controlled items on campus. However, access to controlled information, technology, source code and object code may require a license or other authorization.

ISU’s Office of Information Technology is available to field questions from ISU faculty, staff, and students about the use of ISU equipment and software outside of the United States.

Traveling with Encrypted Devices

ISU-owned laptop computers are routinely equipped with encryption software and are subject to export control regulations under federal law. These regulations may permit the export or use of the controlled item under certain export license exceptions. If no exception applies or if there is no export license, use of the encrypted software or equipment in the non-U.S. country is a violation of federal law.

Some ISU software licenses restrict the use of the software in other countries, so use by ISU personnel is prohibited. Violations can have serious contractual impact or violate legal requirements. ISU faculty and staff should inquire about the use of ISU-licensed software outside of the United States.

ISU faculty, staff, and students should be aware that some countries have implemented prohibitions against use of technology equipment and software. Examples of these countries include China, Israel, and Russia, all of whom have restrictions on the import and use of encryption tools and do not allow cryptography tools to be used within their borders without a license, or in some cases, at all.

Moreover, any country can potentially confiscate systems mobile computing devices/ devices entering or leaving their borders. For that reason, Indiana State University strongly recommends the use of loaner devices when traveling internationally.

If your department does not have a spare device (loaner) on hand that can be used for travel, please contact your OIT Department to see if they have any spare devices for you to use during travel.
If travel to one of these countries is a frequent or routine occurrence and/or loaner device isn't a viable option, the OIT Security Office offers a service to work with your OIT support provider on alternative solutions.

Research that does not require publication approval or is not otherwise restricted is not generally subject to export control regulations. This is often referred to as the fundamental research. Most ISU research will be considered fundamental research. If ISU researchers accept publication or other restrictions as part of a funding agreement or in collaboration with a third party for use of proprietary information, the research information and the results are subject to the export control regulations, if otherwise applicable. Researchers should contact the Office of Sponsored Programs to develop a research plan that meets export control requirements, which can include security.

Contact Information

Office of the General Counsel
Phone: (812) 237-4141
E-mail: ISU-GeneralCounsel@indstate.edu

Office of Sponsored Programs
Phone: (812) 237-3088
E-mail: research@indstate.edu

Center for Global Engagement
Phone: (812) 237-4325
E-mail: chris.mcgrew@indstate.edu

Office of Information Technology
Phone: (812) 237-2100
https://www2.indstate.edu/oit/

Purchasing and Receiving
Phone: (812) 237-3600
https://www2.indstate.edu/purchasing/

Human Resources
Phone: (812) 237-4114
E-mail: ISU-HumanResources@mail.indstate.edu