1.Purpose
As a participant in such a diverse academic, research, and business community, UNCG is committed to the highest level of compliance with all applicable Export Control laws and regulations. The University of North Carolina at Greensboro will comply with all Export Control Regulations established by the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), and the Office of Foreign Assets Control (OFAC) regulations. This Policy establishes the scope of that compliance and the primary responsibilities of the university and its constituents.
2.Scope
This policy shall apply to all university personnel, both full and part time, including faculty, staff, students, and visiting scholars.
3.Definitions and Roles and Responsibilities
3.1Empowered Official
The Vice Chancellor for Research and Engagement or their designee will serve as the Empowered Official (22 CFR 120.25). The empowered official may sign export license applications or other export requests on behalf of the University. The Empowered Official has the independent authority to inquire into any aspect of a proposed export, temporary import or brokering activity; verify the legality and accuracy of the transaction; and refuse to sign any license application or other request for approval without prejudice or other adverse recourse.
3.2Export Control Officer
The Empowered Official will assign the role of Export Control Officer (ECO) to a member of the Office of Research Compliance and Integrity. The ECO serves as a resource for the University community and provides compliance oversight for the Export Management Plan. This plan will include procedures for training, internal review of documents, recordkeeping, and any other applicable measures needed for University compliance.
3.3Office of Sponsored Programs
The Office of Sponsored Programs (OSP) works closely with the ECO to identify export control issues in proposals and provide support for their solutions. OSP has the sole authority to bind the University to research related agreements. OSP: reviews terms of sponsored program agreements to identify restrictions on publication and dissemination of research results and to negotiate out such restrictions; provides assistance to Principle Investigators (PI) in identifying international components of sponsored program agreements, identifying potential export control issues in the proposed international component, and verifying that the international entities and individuals are not restricted parties or specially designated nationals; communicates identified potential export control issues to the PI and the ECO; and communicates with the ECO about any changes in awards that necessitate another review of the project for export controls.
3.4Annual Report
The Export Control Officer will report each year to the Empowered Official and the Director of the Office of Research Compliance and Integrity on institutional Export Control matters.
4.Policy
The University of North Carolina at Greensboro (UNCG) recognizes that a critical component of its mission is supporting research as well as developing relationships and participating in the worldwide academic and business community to further the pursuit of knowledge. UNCG expects research, instruction, and public service to be accomplished openly and without prohibitions on the publication and dissemination of the results of academic and research activities, as permitted by law. However, while university research normally can be conducted openly and without restrictions, it sometimes involves technology or produces results that are subject to U.S. Export Control regulations.
UNCG recognizes that these laws support vital national security, economic interests, and foreign policy interests, and is committed to complying with U.S. Export Controls laws and regulations that apply to its activities, including the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), and the Office of Foreign Assets Control (OFAC) regulations.
5.Compliance and Enforcement
It is the responsibility of all University personnel to comply with all applicable laws, regulations, and the University’s written instructions and procedures regarding compliance with Export Control laws and regulations.
5.1Training
Personnel with responsibility for export-controlled programs or whose duties involve working with foreign nationals are required to attend Export Control training sessions. Mandatory training will be required at least once every four years, or at the beginning of every research program with export control requirements.
5.2Potential Penalties
Failure to comply with U.S. export laws and regulations may result in civil and criminal penalties for the University and/or the individual responsible. Penalties for Export Control violations are substantial.
Civil penalties may apply even to accidental violations. In addition to penalties imposed by federal law, UNCG will investigate violations fully when the action occurs within the duties and functions associated with UNCG business, research, or education. Individuals found to have knowingly violated Export Control laws and policies will be subject to disciplinary processes and procedures.
6.Related Policies
7.Additional Information
7.1Resources
7.2Contacts for Additional Information and Reporting
- Responsible Executive: Vice Chancellor for Research and Engagement
- Responsible Administrator: Director of the Office of Research Compliance and Integrity