From editor@principalinvestigatorsadvisors.org Wed Nov 18 14:36:56 2009 Return-Path: Received: from principalinvestigatorsadvisors.org (cgw-53-74.66.216-eh.jbvglobalsolutions.net [216.66.74.53]) by smtp.XXXXXXX.XXX (8.14.3/8.14.3) with ESMTP id nAIMattq031877 for ; Wed, 18 Nov 2009 14:36:55 -0800 Message-Id: <200911182236.nAIMattq031877@smtp.XXXXXXX.XXX> From: "PI eAlert" Subject: Your Issue: November 18, 2009 To: XXX@XXXXXXXX.XXXXXXX.XXX Date: Wed, 18 Nov 2009 16:36:41 -0600 MIME-Version: 1.0 X-SCORE: 2164 Content-Type: text/html; format=flowed; charset="iso-8859-1"; reply-type=original Content-Transfer-Encoding: 7bit X-FBL: 609220 X-Proofpoint-Virus-Version: vendor=fsecure engine=1.12.8161:2.4.5,1.2.40,4.0.166 definitions=2009-11-18_09:2009-11-16,2009-11-18,2009-11-18 signatures=0 X-Proofpoint-Spam-Details: rule=notspam policy=default score=0 spamscore=0 ipscore=0 phishscore=0 bulkscore=100 adultscore=0 classifier=spam adjust=0 reason=mlx engine=5.0.0-0908210000 definitions=main-0911180219

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P.I. e-Alert features expert advice on managerial and administrative challenges which confront Principal Investigators in every field of science research. If such matters are not of interest to you or your associates, please accept our apologies and “unsubscribe” at the bottom of the page.


Research Compliance: Foreign Student Permitted On Project?

No. 3, November 16-20, 2009

Reader Question: We have a new scientist coming to my lab from China, but a corporate sponsor of our research only wants U.S. citizens working on the project. We aren’t doing any kind of top secret or classified work, so this request came as a real surprise to us. Does the sponsor have a right to do this? Are there any other things we need to be aware of in having a non-U.S. citizen working in our lab?

Expert Comments: The sponsor might have a legitimate reason to be concerned. U.S. export control regulations can limit who works on certain research projects, and sponsors often do require that only U.S. citizens work on projects that are subject to those export controls. But perhaps you’re not doing any of the research outside the United States, so where’s the “export” part that causes worry?

Strangely enough, export control regulations also may apply to activities that take place inside the United States. Specifically, they may apply to “deemed exports,” which are the transfer, inside the U.S., of information or technology to a foreign national (a non-U.S. citizen or permanent resident). Further, the technology doesn’t have to be top secret or classified for export control regulations to apply.

In a nutshell, export control regulations come in three “flavors”:

(a) U.S. State Department’s International Traffic in Arms Regulations (ITAR), which cover defense-related items, services and technical data;

(b) U.S. Department of the Treasury’s Office of Foreign Assets Controls regulations (OFAC), which may prohibit payments to certain embargoed countries or to companies/individuals on the Specially Designated Nationals List (SDNL); and

(c) U.S. Department of Commerce’s Export Administration Regulations (EAR), which cover “dual-use” items and technology (i.e., ,materials with potential commercial and military/security applications). If an item or technology is subject to export control regulations and no exclusion or exception applies, then you may have to get a license from the U.S. government to take the item/technology outside of the United States, or to have a foreign national work on it inside the United States 

View the remainder of the expert comments

Comments by Kristin H. West, J.D., Associate V.P. and Director, Office of Research Compliance, Emory University Atlanta

Agree? Disagree? Submit your comments


►►Preview of Next Week's Question◄◄

No. 4, November 23-27, 2009

Reader Question: I recently received the reviewers' summary sheets for my first R01 research grant submission. The score was encouraging, but not fundable. The reviewers’ criticisms, however, were all mild and addressable, and did not represent specific flaws in the work itself. Two reviewers commented that the program is an ambitious one, and that perhaps I need to cut back on at least two of the proposed studies. I could easily do that, so why didn’t I get the funding? What am I missing?


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