1. Compliance Oversight
As designated by the University President, BC’s export compliance program is administered through its Vice Provost for Research/Academic Planning as well as the Executive Director for Research Administration. A designated Export Compliance Coordinator, supported by BC’s external export consultant, is responsible for facilitating export compliance across all export-sensitive research, academic and business activities.
Among other key requirements, the Coordinator is responsible for the following:
Determining whether international shipments require an export license or meet a license exemption
Determining whether access to (or use of) export sensitive technology by foreign national (visa holder) researchers constitutes a “deemed” export, by virtue of that person’s country of citizenship and controls associated with that country
Selectively screening BC’s research, academic and business partners against the U.S. Government lists of restricted entities (as published it the Federal Register)
Responding to all faculty and staff inquiries concerning any export transaction
Facilitating our export training program, inclusive of all new BC employees
In the event of a suspected compliance violation, The Export Compliance Coordinator is authorized to suspend any transaction leading to (or causing) such suspected violation and will coordinate investigative and remedial efforts with the Office of General Counsel. The Coordinator is supported by Export Liaisons designated from campus operational functions and export-sensitive research departments and centers; our external consultant also provides export compliance guidance and procedural support.
2. Core operational/business functions
All key functions have been trained to implement their respective export compliance responsibilities, as follows:
Office of Sponsored Programs: identification and negotiation of restrictive (publication and citizenship) clauses in sponsored agreements; post contract/grant export compliance administration, including Technology Control Plans (TCPs) and export licenses; selectively screening research and contract partners against U.S. Government watch-lists
Human Resources: coordinating the required export control certification process associated with H-1 and O-1 visa petitions
International Students: facilitating the export control evaluation process associated with J-1 and F-1 scientific researchers; identifying export control issues associated with travel authorizations; selectively screening visa candidates against restricted party watch-lists
International Programs: facilitating the export evaluation of BC’s international programs including Study Abroad
Procurement: proactively identifying export controlled items being purchased that may, in certain circumstances, trigger foreign national access and use restrictions; vendor screening
Property Management: tracking the location and relocation of export controlled items on campus
IT: developing data security protocols as required for export-sensitive projects, computing infrastructure, or in compliance with other federally-mandated contract provisions
Finance: ensuring that BC avoids payment transactions with U.S. Government-restricted parties and entities
OTTL: review of industry contracts and proprietary agreements for export control implications; review of NDAs and MTAs which potentially convey, respectively, export controlled data and items; implementing safeguards associated with export controlled invention disclosures and ensuring that commercial licensees are screened against the lists of U.S. Government-restricted parties and entities
3. Research/Academic Faculty and Staff
Here are six simple steps to follow in order to comply:
International Shipments: When shipping internationally, utilize BC’s on-line International Shipping Request Form [link to International Shipping Form], so that an export license determination can promptly occur; where needed, an export license can be obtained.
Technology Sharing: When Procurement and/or the Export Compliance Coordinator identifies items used in fundamental research (e.g. instruments, software, raw materials, and vendor or sponsor-provided proprietary technical data) that may be export controlled (even if the research itself is not otherwise publication or citizenship-restricted), the Coordinator will work with you to establish the process by which export controlled technology pertaining to such items may be shared with foreign national members of our community (visa holders studying, working, researching or visiting) for whom such technology is controlled by virtue of their country of citizenship, i.e. “deemed exports.” In rare cases, this process may involve obtaining an export license or establishing a Technology Control Plan (TCP).
Visa Petitions: When hosting visa holders (J-1 visiting scholars, H-1 or O-1 employees, F-1 students assigned to research tasks) within export-sensitive science research environments, timely respond to the Export Control Evaluation Questionnaire issued by HR or International Students Personnel that enables us to determine whether there are deemed export issues associated with the foreign national’s research work.
Hosting International Visitors: When planning to host a visiting international delegation, contact the Export Compliance Coordinator well in advance of such visit, so that we can screen such delegation (typically the home institution) against the U.S. Government watch lists to avoid engagement with restricted parties.
International Travel: When international travel involves the temporary or permanent transfer of research tools or samples (either by advance cargo shipment or through hand-carried baggage), contact the Export Compliance Coordinator for assistance in advance of travel to help us determine whether export authorizations are required.
Engagement with Sanctioned Countries: When planning any engagement (whether research advisory or academic) with any person or entity located in one of the embargoed countries (Iran, Cuba, Syria, Venezuela), proactively contact the Export Compliance Coordinator who will assist you in complying with OFAC requirements.