Export Compliance Tips for Traveling and Collaborating Abroad
Attending or Presenting at International Meetings and Conferences
Presentations at international conferences are encouraged, provided that you do not present any proprietary, unpublished, classified or export-controlled data or information. Please exercise caution during Q&A sessions or in sidebar conversations so that you do not share any proprietary, unpublished, classified or export-controlled data or information. Also note that providing information about the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing, and use of defense articles is an export control violation.
It is important to note that sidebar conversations with conference attendees should be limited to information already in the public domain. If the research being discussed in sidebar conversations is not related in any way to technologies on the U.S Munitions List or the Commerce Control List, then there is no risk of an export of technical data taking place via a sidebar conversation, regardless of where that conversation takes place. But if your research is related to an export-controlled technology, then you may not talk to non-U.S. colleagues about your work unless the conversation is licensed or otherwise exempt. Be wary of thumb drives and other portable media you may be given at international conferences. Malware can be introduced into your devices by USB flash drives. If you are taking any software or other technologies with you, please review the guidance at “What Are You Taking With You” to determine next steps.
Conducting Research Abroad
It is important to understand that under the Export Control Regulations, research conducted outside of the U.S. is handled differently than the same research conducted in the U.S. The results of research conducted outside the U.S. may become subject to U.S. Export Controls when transferred back into the U.S. This means that the results of research conducted internationally could become ITAR-controlled or EAR-controlled when back in the U.S. This could potentially restrict the U.S. researcher who intended to use the results and could require authorization to export again from the U.S. - even back to the researchers who originated the technology.
Research that falls within the scope of the ITAR is not considered “fundamental research” when it takes place outside of “accredited institutions of higher learning in the U.S.” This means that research conducted by an MSU research team outside of the U.S. could be subject to the ITAR. Research that falls within the scope of the EAR is typically “fundamental research,” even if conducted abroad, unless there are restrictions on publication and/or participation. If you have questions about the research you plan to conduct abroad, please contact MSU’s Office of ECTS at export@msu.edu. If you are taking any software or other technologies with you, please review the guidance at “What Are You Taking With You” to determine next steps.
Collaborating with International Colleagues and Entities
See the guidance above on Conducting Research Abroad. Additionally, please let the Export Control Program know the names of any non-U.S. collaborators and their home institutions so that restricted party screening can be completed prior to your trip. It is important that you also include the names of any international entity collaborators so that the entity can be screened as well. If you are taking any software or other technologies with you, please review the guidance at “What Are You Taking With You” to determine next steps.
Teaching, Training, or providing Other Services Abroad
If you are teaching abroad, be careful to review your course content to make sure you do not cover areas that may have export control implications, such as encryption and nuclear technology. You also need to make sure you are not exporting ITAR-controlled technical data or EAR-restricted technology.
If you will be providing training or other services to foreign persons in the use of export-controlled technology, in particular ITAR-controlled technology, please inform MSU’s Office of Export Control and Trade Sanctions (ECTS) prior to your planned trip. Such training could be considered a “defense service” under the Export Control Regulations.
Additionally, please provide MSU’s Office of ECTS with the names of any non-U.S. collaborators and their home institutions so that restricted party screening can be completed prior to your trip. If you are taking any software or other technologies with you, please review the guidance at “What Are You Taking With You” to determine next steps.
Remote Work
If you are planning to travel to an international location to work remotely, you should first make sure that the work that will be conducted is not export controlled. You also need to make sure that you are not exporting ITAR or EAR restricted technologies or data. Additionally, please do the following:
- Register your international travel in the MSU Global Travel Registry or ViaTRM enrollment management system for Education Abroad
- If conducting sponsored research, you must check with the Office of Sponsored Programs to confirm that there are not any sponsor approval requirements in your grant or contract for work outside of the U.S.
- If you will be working on sponsored research, you must confirm that the research you will be conducting is not export controlled
- If you have a Technology Control Plan (TCP) in place for your research project, you must consult with MSU’s Office of Export Control and Trade Sanctions (ECTS) prior to international travel to work on the export controlled project
- If you are taking any software or other technologies with you, please review the guidance at “What Are You Taking With You” to determine next steps
- If you need access to any MSU restricted access databases or systems while working remotely, please contact MSU’s Office of Export Control and Trade Sanctions (ECTS) for further guidance