Faculty or Consultant? Implications for University Export Compliance

Do you understand all the ways that university-related activities can trigger export control requirements under the EAR, ITAR, and OFAC regulations?  The U.S. export control regulations apply to universities in a unique and complex manner.  Faculty members are key stakeholders that need to be on-board for university export compliance measures to be successfully implemented.  However, in many ways, university research faculty operate as small business owners and their professional responsibilities go well beyond the academic research itself.  They wear many different hats and hold a variety of roles and responsibilities, including that of an external consultant.  Different portions of the EAR, ITAR, and OFAC regulations will have greater significance, depending on their role in any given transaction. 

In this webinar, we’ll explore the intersection between university faculty activities and the U.S. export control regulations - as a researcher versus as a consultant.  We’ll discuss the relevant exclusions, such as the publicly available exclusion and the fundamental research exclusion, and how they apply to each circumstance. We’ll dive into the export compliance risks as they apply to a faculty researcher, a scientific research-based consultant, versus a consultant in a non-research based field.  Attendees will leave with a comprehensive perspective on how to communicate export compliance risks with the faculty at their own university or institution.

Topics We’ll Cover:

• Scope of the EAR, ITAR, and OFAC Regulations

• Faculty as Key Stakeholders

• Publicly Available and Public Domain Exclusions

• Limits of the Fundamental Research Exclusion

• Responsibilities of a Faculty Member Versus a Consultant

• Export Control Risks in Academic Research

• Export Control Risks for Research Based Consulting

• Export Control Risks for Non-Research Based Consulting

• Spotting Potential Deemed Exports Before They Occur

• Hypothetical Case Studies

Who Should Attend

• Anyone with direct or indirect responsibility in driving export compliance in their role

• Participants should have an intermediate level of understanding of the U.S. export control regulations

• Business leaders, functional leaders, international trade compliance officers, export compliance leaders, and research compliance administrators at universities or non-profit research institutions

This webinar will provide PowerPoint slides and include live video and commentary from Jennifer Saak, who has 20 years of experience in export controls compliance and scientific research at Fortune 500 companies. Webinar participants are invited to submit questions during the webinar; the final 30 minutes of the webinar will be allotted to answering attendees' questions.