Export Control Policy

Purpose

This policy outlines McNeese State University’s compliance with federal export control laws and regulations, which are essential for national security and economic protection. These laws are enforced by the following agencies:

• The Department of Commerce through the Export Administration Regulations (EAR),
• The Department of State through the International Traffic in Arms Regulations (ITAR), and
• The Treasury Department through the Office of Foreign Assets Control (OFAC).

Export control laws regulate the transfer of certain tangible and intangible items, including research outcomes, to ensure compliance with national security measures and trade policies. This policy applies to all faculty, staff, and students of the University. Questions about this policy should be directed to the Executive Director of the Doré School of Graduate Studies.

Objectives

Export control laws aim to:

1. Restrict the export of goods and technology that could enhance the military capabilities of international adversaries,
2. Prevent the proliferation of weapons of mass destruction and terrorism,
3. Support U.S. foreign policy objectives, and
4. Protect the U.S. economy.

Definitions

• Export Administration Regulations (EAR): Regulates “dual-use” technologies, which are commercial products with potential military applications.
• International Traffic in Arms Regulations (ITAR): Regulates inherently military technologies.
• Office of Foreign Assets Control (OFAC): Oversees restrictions on transactions with sanctioned entities, individuals, or countries.
• Export: Any disclosure, transfer, or transmission of items, technology, or software, whether tangible or intangible, to foreign entities or individuals outside or within the U.S.
• Deemed Export: Release of controlled technology or software to foreign nationals within the U.S.
• Foreign National: Any non-U.S. citizen who does not have lawful permanent resident status, refugee, or asylum status.
• Fundamental Research: Research conducted at U.S. institutions where outcomes are typically published and broadly shared, excluding research restricted for proprietary or national security reasons.
• Technology: Technical data or assistance necessary for product development, production, or use.

Compliance and Oversight

The Export Control Committee, operating under the Office of Academic Affairs and appointed by the provost and vice president for academic affairs, oversees export control compliance. The committee:

1. Advises the Executive Leadership Team and University community on export control policies, and
2. Assesses risks related to:
   • Sponsored and unsponsored research,
   • International travel,
   • International shipping,
   • Vendor payments, and
   • Sharing information with foreign nationals.

Procedures

1. Determination of Licensing Needs: The Export Control Committee will develop tools for employees to determine if export control licenses are required.
2. Research Contract Review: The Office of Research and Sponsored Programs will evaluate contracts to determine whether the “Fundamental Research” exemption applies.
3. Escalation: If an activity falls under export control regulations, it will be referred to the Export Control Committee for guidance.

Principal Investigators (PIs) must ensure compliance with this policy and all applicable laws. Failure to comply may result in:

• Criminal or civil penalties,
• Loss of funding, and
• Revocation of export privileges.

PIs are encouraged to consult the Bureau of Industry and Security (BIS) website to verify whether their projects are subject to export control regulations.

Review and Compliance

This policy is reviewed regularly to ensure compliance with evolving federal regulations. Faculty, staff, and students are expected to familiarize themselves with and adhere to this policy.

Communication

This policy is distributed via the University Policies webpage.