How Do These Regulations Specifically Impact SIU System’s Research Activities?

Research at SIU System is primarily but not exclusively non-restricted. Non-restricted research is covered under the Fundamental Research Exclusion (“FRE”). The FRE allows foreign national researchers at the University to access EAR-controlled items and data for purposes of basic and applied research, the results of which are intended for publication and broad dissemination within the scientific community. However, some fundamental research is informed by “background information” which is export controlled and must be protected. Non-research activities at the University, as well as the limited segment of restricted research, are not protected by the FRE. Thus, the following activities must always be evaluated for export control purposes:

1) Research activities subject to publication restrictions.

2) Outbound shipments to foreign destinations require analysis under the five regulatory regimes to determine whether an authorization is required.

3) Laboratory access to controlled equipment and technical data that does not fall under the FRE must be restricted to authorized personnel.

4) International collaborations may not involve prohibited parties and must be screened accordingly against the restricted parties lists.

5) Teaching/lecturing abroad and participating in international conferences may, in certain cases, require authorization.

6) Foreign travel may trigger a variety of compliance requirements.

7) Hosting foreign national visitors (non-US persons) requires screening against restricted parties lists and may require access control planning.

8) Research activities not covered by the FRE need to be evaluated for export compliance purposes.

9) For fabrication contracts and spin-off entities (i.e. where an SIU System PI or administrator has created a separately chartered company to perform services unrelated to his/her staff position at SIU System), it is necessary to ensure that any export controlled activity conducted by the spin-off does not occur using SIU System physical or human resources. Such entities must seek separate counsel pertaining to export control compliance obligations. 

10) For private consulting or advisory services, where a PI’s private consulting arrangement triggers export controls, compliance with these controls remains the legal responsibility of the PI in his/her private capacity, and is not SIU System’s responsibility.