Mailing Address:

Office of Export Controls

Michigan State University
15 Olds Hall
East Lansing, MI 48823-1313
Tel.: (517) 884-2300

Email:export@msu.edu

 

Office Location:
15 Olds Hall.
Olds Hall is located between the Administration Building and MSU Main Library. Campus Map

 

Office Hours:
Monday - Friday: 8am - 5pm

 

Frequently Asked Questions

 

 

 

What are Exports?

What are Export Controls?

How do These Laws Apply to Research at MSU?

What Actions Could Destroy the Fundamental Research Exemption?

How does Fundamental Research Relate to Trade Sanctions?

Why is it Important to Be Aware of These Laws?

What Other Considerations Should MSU Employees be Aware of When Transferring or Transporting Research Materials, Software or Data?

Who at MSU Should I Contact with Questions?

 

 

What are Exports?

 

Exports are any items (e.g., commodities, software, technology) sent from the U.S. to a foreign destination. 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.

 

What are Export Controls?

 

Export controls are federal laws that regulate the export of sensitive technologies, equipment, software, biological agents, and related data and services. These laws require that licenses be obtained for exports, including “deemed” exports, of these sensitive items (e.g., defense articles, items with potential military applications, select agents) unless an exemption exists.

 

How do These Laws Apply to Research at MSU?

 

These laws apply to all research activities whether or not there is a specific citation to the regulations in the grant or contract governing the project.

However, the National Security Decision Directive (NSDD) 189, issued in 1985, states that fundamental research is not subject to the license requirements of export control regulations. Fundamental research is basic or applied research in science or engineering at an accredited institution of higher learning in the U.S. where the resulting information is not restricted in the form or content of its release to the public and is ordinarily published and shared broadly in the scientific community.

As a public university, Michigan State University is committed to the widest possible public dissemination of scientific learning and research results. Therefore, most information and data to be created or used at MSU will likely fall under the definition of fundamental research as set forth in NSDD 189.

 

What Actions Could Destroy the Fundamental Research Exemption?

 

University research will not be deemed to qualify as fundamental research if:

  • The university accepts any restrictions on the publication of the information resulting from the research
  • Research is federally funded and specific access and dissemination controls regarding the resulting information have been accepted by the university or the researcher.

How does Fundamental Research Relate to Trade Sanctions?

 

Trade sanctions against hostile targets including countries may prohibit travel, payment or providing anything of value to the sanctioned country, regardless of the fundamental research exemption. Current listings of the targets affected by these regulations are maintained by the U.S. Office of Foreign Assets Control (OFAC), http://www.ustreas.gov/offices/enforcement/ofac/ . Please contact the MSU Office of Export Controls & Trade Sanctions with any questions about how these sanctions apply to your activity.

 

Why is it Important to Be Aware of These Laws?

 

Violations of trade sanctions and export controls can result in criminal penalties:

  • Individual and/or institutional fines (up to $1 million per violation) and
  • Individual incarceration (up to 10 years per violation).

What Other Considerations Should MSU Employees be Aware of When Transferring or Transporting Research Materials, Software or Data?

 

The following information is excerpted from a memo sent by Dr. Overby on October 20, 2006 to Deans, Directors and Chairs:

  1. Not all research material may be shipped or hand-carried by air.
  2. A Material Transfer Agreement (MTA) should be used when MSU research materials, software, biological materials or data sets are received from an outside party or transferred off campus to another party.
  3. All transfers of research materials, software or data must comply with export control and trade sanction regulations.
  4. Commercial shipment of hazardous materials must comply with U.S. Department of Transportation regulations.
  5. MSU provides compliance assistance through many administrative offices to facilitate your transfer and transport of research materials, software, and data.

For full text of this memo, please click here.

 

Who at MSU should I Contact with Questions?