[Plsfaculty] FW: Export Controls

[Donna-Rae Marquez]

Hello All,

Please review.  As this could apply to your laboratories where there are
international grad students or post docs.

Donna-Rae

Donna-Rae M. Marquez
Manager, Business & Finance
School of Plant Sciences
The University of Arizona 
Forbes 303B
Tucson, Arizona 85721
520.621.8689 Telephone
520.621.7186 FAX
-----Original Message-----
From: Printing & Publishing 3Ds [mailto:PPSS3DS at LISTSERV.ARIZONA.EDU] On
Behalf Of 3D Memos
Sent: Wednesday, June 30, 2010 7:34 AM
To: PPSS3DS at LISTSERV.ARIZONA.EDU
Subject: Export Controls

Date:  June 30, 2010
To:  UA Campus Community
From: Elizabeth Boyd, Ph.D., Assistant Vice president for Research
Compliance and Policy, Office for the Responsible Conduct of Research

Subject:  Export Controls
There has been much publicity over the last couple of years regarding the
prosecution and eventual conviction of a former University of Tennessee
professor for violating export control regulations in the course of a
research project for the U.S. Air Force.   In July 2009, Professor J. Reece
Roth was sentenced to four years in prison, plus two years supervised
release, for transferring export-controlled information to a Chinese foreign
national graduate student in violation of export control laws.  He is
currently free pending appeal. For more information on that story see
http://knoxville.fbi.gov/dojpressrel/pressrel09/kx070109.html.
It is important to understand that these laws do affect research projects
here at UA and PIs and researchers are responsible for complying with them.
The Office for the Responsible Conduct of Research (ORCR) has prepared an
Export Controls Tip Sheet to educate and assist researchers as they
contemplate proposal submissions and prepare for research projects.  The tip
sheet is posted and available for printing on the Export Controls Webpage
at:  http://orcr.vpr.arizona.edu/export-control/training.  
Exports include the release or sharing of restricted technology or data
(orally or in writing) with foreign nationals inside or outside the U.S.
These are called "deemed" exports and are especially relevant in a
university environment where foreign national students routinely participate
in research projects.  
PIs and researchers often mistakenly believe that their projects qualify as
fundamental research, which is excluded from export controls.  This is not
always the case.  Frequently, contractual terms and conditions contain
restrictions which nullify the fundamental research exclusion and subject
the research to export controls.  Additionally, PIs and researchers tend to
rely heavily on the sponsor for export determinations.  This is dangerous as
sponsors are not necessarily qualified to give such advice and bear no
responsibility for possible export violations conducted by UA.  UA is
responsible for making its own export determinations.  Always check with the
Export Control Office if your contract contains problematic language or you
have any doubts about the status of the project. 
Please contact Nora Moriarty <mailto:njm1 at email.arizona.edu>  at 626-2437 or
Melissa Faulk <mailto:mfaulk at email.arizona.edu>  at 626-5338 for more
information.