It is the policy of Illinois State University to comply with all United States Export Control laws and regulations, including, but not limited to, those implemented by the Department of Commerce through its Export Administration Regulations (EAR) and the Department of State through its International Traffic in Arms Regulations (ITAR) as well as trade controls imposed by the Treasury Department through its Office of Foreign Assets Control (OFAC).
United States Export Control laws and regulations are detailed and complex. These laws generally restrict the export and/or deemed export of certain restricted items, software, or information. (A deemed export occurs when controlled items, software (e.g. encrypted open source code), or information is released to a foreign national within the United States.) The purpose of these laws is to restrict access to items or information that might be contrary to U.S. interests. Export Control laws regulate the content, destination, and recipient of exported items or information. In practice, the impact of Export Control laws is limited to a narrow set of issues and individuals. Despite the narrow scope, it is extremely important for the University, faculty and staff to comply with these laws to avoid significant penalties, including fines and criminal liability. This policy is designed to assist the University community in its efforts to comply with Export Control laws.
The purpose of the Export Control policy is to facilitate compliance with all Export laws, to establish procedures for complying with Export Control laws, and to educate the University community on such laws, policies, and procedures. This policy requires actively managing and monitoring compliance with Export Control laws and authorizes the creation of procedures to administer major university functions related to export compliance.
It is each employee's responsibility to understand and comply with Export Control requirements related to his or her work and travel, and to ensure that no exports or deemed exports are made contrary to any of these regulations. An Export Control Officer, as designated by the Provost, will provide assistance and oversight to comply with Export Control requirements.
Export Control regulations affect a broad spectrum of university functions including, but not limited to, admissions, human resources, international programs, academic research, sponsored programs, technology transfer, accounts payable, materials management, and procurement. Export Controls affect Illinois State University in a variety of areas/activities including: research, travel outside the U.S., contracting, hiring, and shipping.
An export or deemed export can occur through a variety of means, including:
• Communication – Oral, written, or electronic communication (including emails);
• Access to controlled research, information, or other controlled items;
• Visual inspections of any export controlled items, software, or information by a foreign national, whether in the U.S. or abroad;
• Hiring and or collaboration with the University by foreign nationals; and
All members of the Illinois State University community must consider whether Export Controls may apply before or when undertaking any of the following activities:
*Not all persons born and/or raised in a U.S.-sanctioned country or other foreign country are subject to restrictions. Individuals with questions should contact the University's Export Control Officer
Export Control training shall be provided by the University. In addition, formal communication to faculty, staff, and students about Export Control policies and procedures shall be provided annually.
Failure to comply with these laws exposes both the employee and the University to severe criminal and civil penalties (fines and prison sentences) as well as administrative sanctions (loss of research funding and export privileges). Civil and criminal sanctions, including fines and/or prison sentences for individuals violating Export Control and embargo laws, are substantial. Fines and sentences can apply to the individual as well as the University. Fines can range from $50,000 up to $1,000,000 per violation for individual and/or the University. Prison sentences of up to 20 years may be imposed.
Initiating Body: Research and Sponsored Programs