Frequently Asked Questions

What can I do to make sure that I do not violate any export control regulations?

Work with your Export Control Administrator to make this determination. Determining whether an export is subject to a licensing requirement is a complicated process that necessarily involves a full understanding of the item. Whether something is controlled for export is not intuitive. License requirements are dependent upon an item’s technical characteristics, the destination, the end use, and the end user.
See also: Export Controls

What if my PI has questions about the PHS definition of an investigator or who the designation of investigator should be applied to on his/her project? Is there someone they can contact?

Your PI can find additional information about the definition of an investigator under the PHS regulations in the Frequently Asked Questions posted on the NIH website. If your PI has further questions about the PHS definition of an investigator or who the designation of investigator should be applied to on his/her project he/she... Read more about What if my PI has questions about the PHS definition of an investigator or who the designation of investigator should be applied to on his/her project? Is there someone they can contact?

What if the item is only leaving the country temporarily, is it still considered an export?

Yes.  An item is considered an export even if it is

  • leaving the United States temporarily
  • leaving the United State but is not for sale, (e.g. a gift)
  • going to a wholly-owned U.S. subsidiary in a foreign country
  • a foreign-origin item exported from the United States, transmitted or transshipped through the United States, or being returned from the United States to its foreign country of origin is considered an export.

There is, however, an exemption for certain temporary exports, so before temporarily...

Read more about What if the item is only leaving the country temporarily, is it still considered an export?
See also: Export Controls

What if the terms of external funding require a mechanism by which a funder would be asked periodically to approve specific program or research activities and/or specific uses of portions of funds. Would these terms render this funding a gift or a sponsor

This funding would likely be considered as a sponsored award, because of the lingering control of the funder over specific activities for which the funds would be used and/or the budgets for those activities. If at the outset of the funding there are no specific plans, this factor does not render such funding a gift if the funder retains future control that approximates that of a sponsor.

What is a Restricted Party Screening?

The United States government and its export regulations restrict or prohibit U.S. individuals and companies from exporting or providing services of any kind to any party contained in U.S. government export denial, debarment, and blocked persons lists.  These lists are updated on a regular basis.  A restricted party screening involves a review of these lists to ensure that the person or entity with whom you are interacting is not on one of these lists.  The University has a site license to software which provides easy-to-use screening for denied parties. 
See also: Export Controls

What is an Export License?

An Export License is a written authorization provided by the federal government granting permission for the release or transfer of export controlled information or item under a defined set of conditions.  If one is required, the license must be secured in advance of the export.
See also: Export Controls

What issues should I consider in situations that are not covered by a joint appointment?

The current recommendation is that these support staff sign the Risk and Release form.  OTD’s preference is that these individuals would also sign the Visitor’s IP Agreement; however, many of the institutions with whom we execute billing agreements would not be willing to sign off on the Visitor’s IP Agreement for their staff.  Thus, if there is the potential that the individual will be involved in the development of IP in the course of the project, a subaward agreement should be used in place of a billing agreement.