Non-US visitors to export-controlled projects need to be screened and sign an agreement to ensure that controlled technologies or technical data are not inadvertently released to foreign nationals.
Researchers working on export-controlled projects are responsible for ensuring that export-controlled technology or technical data are not released to visiting foreign nationals during their visits.
What is export-controlled Technology or Technical Data?
- “Information…required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles” (22 CFR 120.10 of the International Traffic in Arms Regulations (ITAR)). Note that “defense articles” includes essentially all space-based research.
- specific information necessary for the "development," "production," or "use" of a product on the Commerce Control List. (Part 772 of the Export Administration Regulations (EAR).
- It does NOT include information concerning “general scientific, mathematical or engineering principles”
- It does NOT include information already in the public domain, such as that available through unrestricted publications, unlimited distribution at conferences, or libraries
- It does NOT include fundamental research “where the resulting information is ordinarily published and shared broadly in the scientific community.” However, equipment used to produce the fundamental research may nonetheless be controlled.
Technology is “released” when:
- it is available to foreign nationals for visual inspection (such as reading technical specifications, plans, blueprints, etc.)
- it is exchanged verbally, including by correspondence;
- it is made available by practice or application under the guidance of persons with knowledge of the technology. (See §734.2(b)(3) of the EAR.)
Visitors refer to any non-CU employee or student; common examples include visiting researchers, company representatives, or members of the media. This guidance is primarily targeted towards short-term visitors, and projects involving export-controlled technologies.
Things to consider:
Will visitors include non-US citizens?
Visitors should be asked to indicate their citizenship before being allowed access to controlled equipment or being included in conversations or presentations that might include technical data. Ideally, visitors should be screened in advance to ensure they are not included on any Denied Parties Lists or if an export control license is required; this can be arranged with the Export Controls Office (firstname.lastname@example.org, 2-2889).
Non-US visitors need to sign a Visitors Agreement
The person in charge of the visit should ensure that non-US visitors are escorted when visiting facilities with controlled technologies, and are not given keys/keycards, combinations, passwords or other access to research facilities in which export-controlled research is being performed. Escorts are responsible for ensuring that no technical data or controlled equipment are present when non-US visitors are in the area.
Restrictions on Involvement
It may be necessary to restrict non-US visitors from participating in particular activities that would expose them to export-controlled technology or technical data (or obtain an export license for them). This may mean that you need to have secondary screening for certain meetings, briefings, or demonstrations. In these circumstances, it may be easier to provide color-coded visitor tags, so that it’s more readily apparent who cannot attend these restricted activities.
If you have questions, feel free to contact the Export Controls Office (303 492-2889, email@example.com)