/Office for Research and Innovation
Research Security

 

Conferences, Meetings, Seminars ("Events")

Stony Brook University (SBU) faculty, staff and students may attend or present at conferences as part of their university responsibilities.  In addition, at times SBU hosts these Events for both SBU and non-SBU participants.  In some instances an export license may be required for  hosting, presenting or attending an Event (i.e. information that is being shared/presented, sanctioned/embargoed countries).

Request an Export Review for a Foreign Person Employee (NetID login required)

A foreign person is anyone who is not a U.S. citizen, Permanent Resident (Green Card holder), or person granted asylum/refugee status in the U.S.  A foreign person employed by the university can be in various visa categories (H-1B, O-1, F-1 OPT, and possibly others).

 

Export Control Review

Researchers, as well as faculty and staff, with foreign persons in their areas have an obligation to be aware of export restrictions applicable to the foreign person and access to export controlled information and/or items. 

A "deemed export" is an export of technology or source code (except encryption source code) to a foreign person within the United States.  

The Export Administration Regulations (EAR) §734.2(b)(2) states that Technology is ‘released’ for export when it is made available to foreign person by:

  • visual inspection (such as reading technical specifications, plans, blueprints, etc.); or
  • exchanged orally; or 
  • by practice or application under the guidance of persons with knowledge of the technology.

The International Traffic in Arms Regulations (ITAR) does not incorporate the term “deemed export” but the concept is in the definition of an export and pertains to the release of ITAR technical data and defense services.

Types of Exports, Deemed Exports Overview

Foreign person access to items controlled under the ITAR within the U.S. must be reviewed by the Export Control Compliance team for any licensing requirements (see Deemed Exports discussion above). 

Third-party proprietary information may be export controlled.  It is important to have the export classification of third party proprietary information to determine if an export license or documented license exception is required to share the information.

If the foreign person's country of nationality is an embargoed country  (i.e., Cuba, Iran, North Korea,  or Syria) then the  hiring faculty member must consult with the Export Control Compliance team before conducting any research activities.

SBU Requirement when Sponsoring Visas

Form i-129 requires an export attestation for some foreign persons. The Export Control Compliance team collects information during the visa application process to assist SBU's Visa and Immigration Services Office in completing the attestation.

Form I-129 requires an Export Attestation for a foreign person on an H-1B, H-1B1 Chile, Singapore, L-1 or O-1A visa petition, as follows:

With respect to the technology or technical data the petitioner will release or otherwise provide access to the beneficiary, the petitioner certifies that it has reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) and has determined that:

  1. A license is not required from either the US Department of Commerce or the US Department of State to release such technology or technical data to the foreign person; or
  2. A license is required from the US Department of Commerce or the US Department of State to release such technology or technical data to the beneficiary and the petitioner will prevent access to the controlled technology or technical data by the beneficiary until and unless the petitioner has received the required license or other authorization to release it to the beneficiary.

Return to the Guidance & Procedures for Export Control Compliance