80  Export Control

Approved by President
Effective Date: June 5, 2017
Responsible Division: Academic Affairs
Responsible Office:  Office of Research and Sponsored Programs
Responsible Officer: University Export Compliance Officer

I. Purpose

A.  It is the intent of Middle Tennessee State University (MTSU or University) to fully comply with federal regulations that control the conditions under which certain information, technologies, and commodities can be transmitted overseas to anyone, including U.S. citizens, or to a foreign national on U.S. soil.

B.  It is the responsibility of the faculty, staff, and administrators involved in restricted research, international collaborations, and foreign exchanges that risk export or violation of the regulations, to comply with the provisions of any license (or other governmental approval), policy, procedure, or Technology Control Plan (TCP).

II. Scope

A.  It is unlawful to send or take export controlled information out of the U.S. or to disclose or transfer, either orally or visually, export controlled information to a foreign person inside or outside the U.S., without proper authorization from the federal government. Under International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR), a license may be required for foreign nationals to access export controlled information. A foreign national is a person who is not a U.S. citizen or permanent resident alien of the U.S. The laws make no exceptions for international graduate/undergraduate students.

B.  Export regulations apply not only to federally funded research, but to the performance of industry contracts, travel, and other research involving export controlled information or material.

C.  Federal export controls are accomplished primarily through:

1.  The International Traffic in Arms Regulations (ITAR) implemented by the Department of State, Directorate of Defense Trade Controls, for inherently military items.

2.  The Export Administration Regulations (EAR) administered by the Department of Commerce, Bureau of Industry and Security, for dual use of items that have both a commercial and potential military use.

3.  Regulations of the Treasury Department, Office of Foreign Assets Control (OFAC) relating to the transfer of technology or assistance to sanctioned countries or their citizens.

III. Overview

A.   Members of the University community should understand and must identify any potential export limitations before engaging in any activity that involves an export. The following are a few examples that trigger export controls:

1.  Where foreign persons will participate in research;

2.  Where MTSU will partner with a foreign company;

3.  Where MTSU hosts foreign visiting scholars for the purpose of research that involves certain specified technologies subject to export controls;

4.  Where MTSU has international graduate/undergraduate students;

5.  Where equipment needed for experiments or research abroad will be exported