OFAC-governed Transactions

OFAC does not per se regulate access to specific laboratory equipment, technical data and research results the way that the EAR and ITAR do. Rather, OFAC regulates transactions involving certain restricted countries and, to the extent that such transactions require activity within SIU System’s laboratories, these activities fall under OFAC’s domain. For example, research collaboration with an institution in Iran requiring laboratory research at SIU System may require a license, even if only data and no commodity were being transferred to Iran. Transferring any research materials to the OFAC-restricted countries or importing any item from them may likewise require a license. Providing editorial comment directly to a foreign national located in one of the OFAC restricted countries as part of a journal or peer review requires review on a case-by-case basis.      

However, this restriction should be distinguished from those situations where research results are made publicly available by posting them on the internet or through a professional website that anyone can access. In that case, the fact that an Iranian researcher or institution downloads the item does not constitute an OFAC violation. However, at the point at which the Iranian institution seeks specific guidance from SIU System pertaining to publicly available information or seeks technical assistance of any kind, this activity may trigger a license requirement.

Note also that SIU System engages in licensed academic exchanges with Cuba through SIU System’s Cuban and Caribbean Center. Where academic and potential research activity in Cuba is proposed, these activities should be evaluated through the Cuban and Caribbean Center for compliance with licensing and reporting requirements.