Export Control Considerations When Planning Conferences and Meetings Business Leadership Symposium 2019 Export Control Considerations When Planning Conferences and Meetings 6/29/2019

Speaker Patricia Pfister, JD, CRA, Export Controls Compliance Officer University of Illinois at Chicago 6/29/2019

Planning a Conference or Meeting - Things to Think about Foreign Influence on University Research What are Export Controls? What type of conference or event are you hosting? Will non-U.S. persons attend? What information will be presented? Will attendees visit other areas of campus? 6/29/2019

Foreign Influence on University Research The U.S. Government has expressed serious growing concerns regarding inappropriate influence by foreign entities over federally funded research Concerns include diversion of IP to foreign entities, sharing confidential information to influence funding decisions, failure by investigators to disclose resources from foreign governments We were recently reminded of our responsibility to: safeguard university resources and intellectual property; fully disclose external financial interests, affiliations, and activities; and follow export regulations 6/29/2019

What Are Export Controls? US laws and Regulations that control distribution of certain exports (physical exports and sharing within the US) to certain foreign nationals and foreign countries 6/29/2019

What Are Export Controls? ITAR International Traffic in Arms Regulations Military and space technologies EAR Export Administration Regulations Dual-use technologies OFAC Office of Foreign Assets Control Regulations U.S. Trade and economic sanctions 6/29/2019

What Are Export Controls? What is Covered Activities procurement, shipping, international travel, conducting/sharing research Restricted Entities Certain individuals and organizations including universities and research institutions 6/29/2019

What Are Export Controls? What is Excluded Information in the Public Domain Information Resulting from Fundamental Research Information Presented in a Catalog Course

Type of Conference Conferences and workshops hosted by the University or University staff/faculty should be open conferences Conferences or workshops that do not meet the criteria of open should be reviewed by the Export Controls Officer to ensure that export licenses are not required for the event What does open mean? Conferences, meetings, seminars, trade shows, or exhibits held in the U.S. (ITAR) or anywhere (EAR), which are generally accessible by the public for a fee reasonably related to the cost and where attendees may take notes and leave with their notes (but not necessarily a recording) of the proceedings and presentations, OFFICE OF BUSINESS AND FINANCIAL SERVICES – CERTIFICATION PROGRAM 6/29/2019

Hosting a Non-U.S. Persons Perform restricted party screening for all non-U.S. person attendees Restricted Parties - Certain individuals or entities designated as a restricted party may be prohibited from participating in a conference depending upon the reason for debarment or a license may be required for their participation Sanctions – Certain sanctions regulations may prohibit sharing certain information unless that information is in the public domain High-Risk Entities - some high-risk entities may not be legally barred but University policy may still place restrictions on engagements 6/29/2019

Conference Content Generally conferences are intended for the open dissemination of research or knowledge Generally information shared during conferences is in the public domain or resulting from fundamental research Generally information that is in the public domain or resulting from fundamental research is not subject to export controls 6/29/2019

What May Be Freely Shared Information Not Subject to Export Controls Information that has been made available to the public through dissemination during an open conference, meeting, seminar, trade show, or exhibition is excluded from export control regulations under the public domain exclusion and may be shared freely Research results generated during the course of a fundamental research project  are also excluded from export control regulations and may be shared freely 6/29/2019

What Should Not Be Shared Information That May be Subject to Export Controls Information that is subject to approval by the sponsor of a research project (and therefore does not qualify as fundamental research) Confidential information provided by a third party Export-controlled technology related to items or equipment Proprietary research that may require prior approval from US government 6/29/2019

What Should Not Be Shared Defense Services Generally information that is in the public domain or resulting from fundamental research is not subject to export controls but there are exceptions Furnishing assistance (including training) to foreign persons, whether in the United States or abroad, in the design, modification, operation, or use of defense articles is a defense service  A defense service can include providing assistance through the use of public domain information  For example, providing assistance on improving the fuel efficiency of battle tanks would be a defense service, even if the assistance was provided exclusively through the use of public domain information 6/29/2019

Will Attendees Visit Campus? Perform restricted party screening for all non-U.S. person visitors Keep in mind that any visitors receiving funding from a restricted entity should be treated as restricted parties themselves, even if they are not individually named on a restricted parties list. All non-U.S. person visitors should be escorted Know where the attendees will visit Most materials and locations toured will not need export control compliance action Some activities may require an export license Some areas are not open to the public and require an export license or restriction on access 6/29/2019

Planning a Conference or Meeting? What are Export Controls? What type of conference or event are you hosting? Will non-U.S. persons attend? What information will be presented? Will attendees visit other areas of campus? 6/29/2019

Contacts: Website: go.illinois.edu/exportcontrols Email: exportcontrols@illinois.edu Dave Richardson Empowered Official for ITAR Mikel Storm Facility Security Officer 6/29/2019

Questions? 6/29/2019