Export Control Compliance for Research
The University of Nevada, Las Vegas supports open research without prohibitions or restriction on public dissemination of results. Export control laws do apply in certain circumstances, however, and the university must comply with these laws. These laws can be problematic because they have the potential to limit the researcher’s ability to disseminate information (including scholarly publication) and prevent international collaboration in certain research areas. In addition, violations of these export control regulations can result in the loss of research contracts, monetary fines, and/or prison sentences.
To address these laws as they apply to sponsored research, the Office of Sponsored Programs (OSP), the Office of Research Integrity (ORI), and the principal investigators (PIs) of research grants and contracts must conduct a thorough review of research project terms and conditions in order to determine the applicability of export control regulations and possible exemptions. This review will proceed as follows:
- The staff member in the OSP assigned to a particular research project will review the terms of proposal solicitations and grant/contract agreements for provisions that:
- Restrict access to or publication of research/technical data
- Limit the participation of foreign nationals in the research effort
- Or otherwise render the exemptions from the export control regulations inapplicable.
- If the results of such review indicate that an exemption from the export control regulations is not available, the staff member will consult with the executive director of the Office of Sponsored Programs and attempt to negotiate to remove the problematic terms where appropriate.
- If the terms cannot be removed, the Office of Sponsored Programs will notify the executive director of the Office of Research Integrity and the PI(s) and arrange for a consultation, during which the restrictions and implications will be discussed.
- If, after this consultation, it is established that export control issues exist, the PI(s) for the research project, with the assistance of Office of Research Integrity, will determine if the research falls into one of the categories of technology designated by the Department of State or the Department of Commerce as export controlled, or if the restrictions imposed by the Office of Foreign Assets Control apply.
- Once this determination is complete, the matter will be referred to the associate vice president for research, who will recommend one of the following actions to the vice president for Research and Economic Development, who will make the final decision on the course of action to be pursued.
- Apply for an export control license;
- Conduct the research under export control restrictions; or
- Abandon the research effort due to the possible burdens or restrictions associated with compliance with the regulations.
- The Office of Research Integrity will assist PIs in applying for an export control license and in preparing the documentation necessary to conduct research under export control restrictions.
- For additional details on export control procedures, contact the Export Control Officer, Kristin Bloomquist, at firstname.lastname@example.org or at 702-895-0905.