OFFICE OF RESEARCH AND ECONOMIC DEVELOPMENT RECORD OF EXPORT CONTROL REVIEW

Title of Sponsored Research Project
Contract Number
Principal Investigator
Department and School/College Affiliation
Sponsor

*************************************************************************************************************

PART I: CONTRACT REVIEW (To be completed by Pre-Award Representative)

Does the contract contain any clause that:

a. references U.S. export regulations? / YES NO
b. restricts non-US entity participation based on country of origin? / YES NO
c. addresses the transfer of items/services of value to embargoed nations?
The list can be found: http://www.ustreas.gov/offices/enforcement/ofac/programs/ / YES NO
d. prohibits access by non-US citizens to Project information? / YES NO
e. prohibits the hiring of non-US persons? / YES NO
f. addresses the use of proprietary information? / YES NO
g. addresses security concerns? (If “yes”, is the Education Alternative in place? / YES NO
h. grants the Sponsor a pre-approval right over research publications? / YES NO
i. grants the Sponsor a right to prepublication review for matters other than the
inclusion of patent and/or proprietary sponsor information? / YES NO
j. Allows the Sponsor to claim resulting research information as proprietary or
trade secret? / YES NO
Completed By:
Pre-Award Representative Signature / Date

IF YOU ANSWERED YES TO ANY OF THE QUESTIONS ABOVE THE PI MUST COMPLETE PART II, TECHNICAL REVIEW. NOTE: MOST OF THESE CLAUSES CONFLICT WITH FIU POLICY AND/OR MAY NEGATE THE FUNDAMENTAL RESEARCH EXCLUSION UNDER EXPORT LAWS. IN THESE CASES, CLAUSES WILL NEED TO BE MODIFIED AND/OR DELETED.

*************************************************************************************************************

Part II: Technical Review (To be completed by Principal Investigator)

To All Principal Investigators: Office of Research and Economic Development has determined that the sponsored research agreement for the project identified above contains provisions that may require University compliance with export control laws and regulations that are issued by the Department of Commerce and/or State. A final determination of the application of those regulations to this particular project depends on whether the research falls within a category of technology the government has determined raises particular issues of national security or economic interest. As the PI for the project, you are the person most qualified to decide if your research falls within covered areas.

Procedure: You will have to review descriptions of technologies that are controlled by the International Traffic in Arms Regulations (ITAR), 22 CFR Section 121.l, http://www.access.gpo.gov/nara/cfr/waisidx_01/22cfr121_01.html Export Administration Regulations (EAR), 15 CFR Section 774, Supp.1 (categories 0-9) http://www.access.gpo.gov/bis/ear/ear_data.html and decide if the technology involved in this particular project falls within one or more of those categories. If you would like additional information on export control laws and how they may affect University research, you may wish to read the material available on-line at http://research.fiu.edu/compliance/exportControls/exportControls.html

If you have any questions, contact Claudia Molina, Pre-Award contact, at or (305) 348-2494.

*************************************************************************************************************

CERTIFICATION (Please complete and return to the Office of Research and Economic Development Pre-Award Representative assigned to this Project)

I have reviewed the relevant EAR and ITAR regulations and determined that Sponsored Research Contract Number

Select the appropriate response:
Does not involve technologies that are covered by either the EAR or the ITAR;
May involve technologies that are covered by either the EAR or the ITAR;
Is dominated by EAR-governed technology, specifically (identify category by name and section)
Includes discrete, easily identifiable and separable research components that are within the scope of an ITAR-governed technology, specifically (identify category by name and section)
Includes discrete, easily identifiable and separable research components that are within the scope of an EAR-governed technology, specifically (identify category by name and section)
1. By EAR – Specify sections.
2. BY ITAR – Specify sections.
Printed Name, Principle Investigator / Signature / Date

Rev. 1/25/2016