It is the policy of Western Michigan University that all employees, faculty, students, researchers and collaborators will comply with U.S. export control laws while ensuring that, to the extent possible, university instruction and research is conducted openly and without restriction on participation or publication. Investigators whose research may be regulated by export control must contact the Research Compliance Coordinator at (269) 387-8293 for assistance prior to initiation of the project.
U.S. export control laws regulate certain transfers of technology to foreign nationals as well as the physical export of hardware and software. U.S. Export Control laws, including the Export Administration Regulations (EAR) and the International Traffic in Armaments Regulations (ITAR), can apply to university research activities. The ITAR primarily regulates items and technology that are specifically designed or modified for military purposes, while the EAR regulates activities associated with other items and technology. With the exception of services controlled by the ITAR and certain encryption software, neither the EAR nor the ITAR apply to information that is in the public domain.
For purposes of these laws, “export” means not only the physical shipment of items from the United States to a foreign country, but also the release of controlled technology to foreign persons within the United States by way of visual inspection, oral transmission, or training (“deemed export”). In other words, a prohibited export can occur by the mere presence of a foreign researcher or student in a university laboratory, if the laboratory contains equipment or technology that is export controlled, and the foreign individual can learn information about the controlled technology or information that is not in the public domain. Likewise, dissemination of research results at international conferences may require specific prior approval of the awarding agency.
Questions? Email our research compliance coordinator.