The University enters into collaborations with international entities/individuals for a variety of reasons, such as: academic (student) exchange programs, scholar exchange programs, research collaborations, satellite campuses. These collaborations are usually memorialized in an agreement, whether or not there is an exchange of funds, and should be reviewed and signed by the appropriate authorized campus official.
How to Review an International Research Collaboration
Step 1: Is Your Collaborator or Collaborator's Institution/Company a Restricted Party?
Conduct a Restricted Party Screening (RPS). If your collaborator or their institution is on a RPS list a federal agency has placed restrictions on (all or some) activities that can take place and you MUST contact the SBU Export Control Officer.
Step 2: Is Your Collaborator in an Embargoed or Sanctioned Country?
The Department of Treasury, Office of Foreign Asset Controls places restrictions on certain persons, entities, and countries. These restrictions can be monetary, trade in a certain area or a complete trade embargo. In some cases, there may be a general license to allow you to conduct the activity while others would need a license. If you want to collaborate with an embargoed country - North Korea, Sudan, Cuba, Iran or Syria - you MUST consult with the SBU Export Control Officer before conducting any activities.
Step 3: Does Your Collaboration Project Meet the Definition of Fundamental Research?
See discussion of Fundamental Research
Under the Export Administration Regulations, proprietary research is subject to the regulations. If you are conducting proprietary research, the topic of the research needs to be reviewed to determine if it is on an EAR controlled topic - these projects may come with publication or foreign national restrictions.
Under the International Traffic in Arms Regulations (ITAR) proprietary research is subject to the regulations and fundamental research is limited to research being conducted in the U.S. If you are conducting proprietary research, the topic of the research needs to be reviewed to determine if it is on an ITAR controlled topic - these projects most often come with publication or foreign national restrictions Further, under ITAR, if you are going to provide a defense service or conduct research in a national security interest area an export license may be required.
Step 4: Will You Share Information?
If you will be sharing information that is not Publicly Available then that information is considered proprietary and needs to be reviewed for export control determination. Proprietary information may need a license or documented license exception before being shared with foreign nationals.
Step 5: Will You Ship Any Items?
Campus Created Items may be export controlled and cannot be sent to any embargoed country
Memorandum of Understanding
MOUs MUST be reviewed by all offices that are impacted and/or are committing of resources in the agreement. International MOUs MUST be reviewed for export control compliance through a restricted parties screening, determination of whether or not any export licenses are required for the exchange of information and/or physical shipments.