Virginia Tech Policy Governing Compliance with U.S. Export and Sanctions Laws
Virginia Tech fully supports compliance with United States export and sanctions laws. These procedures have been enacted to establish, document, and implement actions needed to ensure that the university, and its employees and students, remain in full compliance with International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), Foreign Assets Control Regulations (FACR) and/or other applicable export control or sanction related regulations.
In accordance with federal regulations, Virginia Tech has established a Technology Control Plan (TCP) to control access by foreign nationals assigned to, or employed by, cleared contractor facilities. The purpose of this TCP is to ensure that the transfer of export controlled items, software, technology, classified information, or other unclassified but restricted data (e.g., For Official Use Only (FOUO), Naval Nuclear Power Information (NNPI)) is not to be conveyed in any manner to foreign national visitors, employees, and students beyond that which is approved for export by a license or other approval from the appropriate U.S. federal agency, or which is authorized to an individual possessing the required security classification and “need to know.”
Official procedure for the Office of Sponsored Programs (OSP) regarding management of agreements subject to export controls, sanctions, controlled unclassified restrictions, and/or security controls (“Restricted Research”). The procedure details the responsibilities of researchers, OSP, and OESRC in managing regulatory compliance with applicable U.S. laws, statutes, and regulations.
OESRC will assist university personnel in ensuring compliance with federal export and sanctions regulations related to international travel. When a person is traveling internationally, OESRC will be notified through the TEM System, Travel Estimate and Approval Form or other means. A travel advisory will be issued to the traveler and department point of contact with helpful information for maintaining export and sanctions compliance.
Virginia Tech is required by federal regulations to monitor assignments to its facilities of foreign nationals to ensure that the disclosure of, and access to, export controlled articles and related information are limited to those approved by an export authorization. In accordance with part 6 of the I-129 visa petition, Virginia Tech must certify whether or not an H-1B/H-1B1/L-1/O-1A applicant requires an export license. Additionally, International Affairs interim procedures require that the Office of Export and Secure Research Compliance (OESRC) review the following other non-immigrant visa petitions: J-1 visiting scholar, E-3, TN, and B visa/VWP visitors.
Prior to accepting any gift-in-kind, the unit or department is responsible for working with the university’s Office of Export and Secure Research Compliance (OESRC) to ensure that the gift is made in compliance with all sanctions, import and export regulations. If a gift is subject to such regulations, the unit or department must have prior approval from OESRC to accept and handle the gift appropriately. The Gift-in-Kind Transmittal Form provided by the Foundation for transmitting all gifts-in-kind includes a section for Restrictions on Use and Disposition addressing export control restrictions.