Global Compliance

Screening Checklist

The Provost is responsible for implementing and managing export controls and research activities.  Export Controls involves US laws that regulate the distribution to or sharing of information with foreign individuals, entities, and/or countries of strategically important technology, services and materials for reasons of national security. The Montclair State University Policy on Compliance with U.S. Requirements affecting International Persons, Countries, Organizations and Activities‌ provides faculty, staff and students with the guidance and applicable procedures. Please see faculty handbook for travel regulations.

University employees whose work is impacted by US export controls are expected to complete CITI Export Control Course Training, complete the Screening Checklist and send it to exportcontrol@montclair.edu, before travel outside the US is authorized or collaborations with international persons and entities.

Export Control Decision Tree

If you have questions regarding compliance with US export controls, you may submit them by email to: exportcontrol@montclair.edu

The Regulations governing US Export Controls can be found at:

The International Traffic in Arms Regulation (ITAR)                        ‌

Export Administration Regulations (EAR) 

Office of Foreign Assets Control (OFAC) 

Search Consolidated Screening List

Search Sanctions Program or Embargo List

What is an Export? 
Exports are defined in the following 3 ways:
(1)  Physical shipment of covered items or data from the United States to a foreign destination by cargo shipments, hand carried articles or courier.
(2)  Electronic or digital transmission of any covered items or data from the United States to a foreign destination, including via email, or fax.
(3)  Release of “technical data” or technology (which includes information, whether printed, inscribed on media, or communicated orally). The release of such information is called a “deemed export.” 
Under the deemed export rule, the transfer or release of technical data or information subject to U.S. export controls to a “foreign national,” whether it occurs in the United States or abroad, is “deemed” an export from the United States to the home country of the foreign national. 

Activities Not Subject to Export Controls

1. Activities or information are NOT occurring in countries on ITAR, EAR and OFAC lists; AND

2. Collaboration or information is NOT shared with individuals that are on the Consolidated Screening List or Executive Order; AND

3. Collaboration or information is shared ONLY with individuals who are:

•U.S. Citizen or legally permanent resident
•Recognized as a refugee or alien lawfully granted asylum within the U.S.
•Entity created and authorized to do business in U.S.
•U.S. person or entity who is not acting on behalf of a foreign person or entity
•Not a foreign organization

AND

4. Activities that constitute fundamental research

•No publication restrictions can be accepted as part of the research agreement, either verbally or in writing; AND
•No national restrictions (foreign or U.S.) are part of the research agreement, either verbally or in writing; AND
•The scope of the project constitutes either basic or applied research; AND
•The research does not constitute industrial development, design, or utilization as indicated by any type of proprietary restriction imposed on the research activity by the sponsor; AND
•The research project is conducted at an accredited institution of higher learning in the U.S.
 

The Global Compliance Committee Training Links:

CITI Program is licensed by the University to host the web-based course for training MSU employees on the regulations noted in the policy. Click here for CITI Export Control Course Training.

For support in accessing the course you may email exportcontrol@montclair.edu.

For emergent matters you may contact the Office of University Counsel, the Research Compliance Officer or ORSP.

Associate University Counsel - 973-655-5225

Research Compliance Officer - 973-655-7781

Director of ORSP - 973-655-3219

Global Compliance Email: exportcontrol@montclair.edu