FGCU follows state and federal guidelines regarding foreign influence.
FGCU is committed to educating its personnel, including employees, faculty, visiting
faculty and scientists, postdoctoral fellows, students and other persons retained
by or working at or for FGCU on U.S. export control laws and regulations. As part
of our ongoing commitment to export control compliance and education, we have established
this website that contains University export control information, forms, training
modules and reference materials.
Export compliance training is required for participants involved in Sponsored Program that is subject to export controls. Please note that Principal Investigators are responsible for ensuring that all FGCU participants (including students) complete this mandatory training. The following on-line training programs are available to FGCU faculty, staff and students.
- CITI Export Control Basic Training Modules - Two training modules, an overview of U.S. Export Controls and the Office of Foreign Affairs, developed by the Collaborative Institutional Training Initiative (CITI) for use by member institutions. All FGCU faculty, staff, and students with an interest in export compliance are also invited and encouraged to complete the course.
- US Department of Commerce Bureau of Industry and Security Training Room - A series of short videos (2 - 10 minutes), training modules (6 - 22 minutes), and webinars (15+ minutes) on topics relevant to export control.
Additionally, general awareness information is provided to employees in the form of a short pamphlet distributed at orientation or via an introductory email within their first month of employment. An annual reminder/refresher email will be distributed to all employees at the start of each academic year (August/September).
Concerns – When to Contact Export Compliance
Though university activities are often eligible for exceptions and exclusions from export controls, the use of such exclusions/exemptions may be unavailable in certain circumstances. The following provides guidance on circumstances or concerns that require a closer review of potential export control issues. These concerns may appear in a number of activities, including sponsored research, non-sponsored research, or collaboration with third parties. Examples of activities in a university setting that may be subject to export controls follow.
Export controls may apply if an employee or the university accepts restriction on the publication or dissemination of information. Examples of problematic restrictions included:
- Pre-publication review by a sponsor or third-party;
- Requirement to treat research results as proprietary or confidential;
- A sponsor’s right to withhold information from dissemination or publication.
Export controls may apply if an employee or the university accepts research restrictions, including those that:
- Forbid or restrict the participation of foreign nationals;
- Limit research participation to U.S. persons or U.S. citizens;
- Designate the research activity, content or results as subject to export controls;
- Include a sponsor initiated or Government flow-down export control clause (other than a general statement of compliance);
- Require a security clearance for participants; or
- Otherwise limits the openness in research activities.
Export controls may also apply to university activities related to international travel. International travel activities that may be subject to export controls include:
- Shipment or hand-carry of items, materials, equipment or technical data, including prototypes, to another country;
- Travel to a country subject to a U.S. embargo or sanctions (e.g., Cuba, Iran, North Korea, Sudan or Syria).
With few exceptions, the Fundamental Research Exclusion is limited to research conducted at U.S. accredited institutions of higher learning. Therefore, research activity involving a location outside the United States or exchange of technology with a foreign located collaborator may invalidate this exemption. In addition, collaborative research with any U.S. embargoed or sanctioned country may be subject to U.S. export controls or economic sanctions regulations.
The exclusions described on this site do not apply to the export of hardware, software or technology, including prototypes, to a foreign location. An export license may be required for an export shipment depending on what the item is, the destination and the foreign recipient(s).
Employing Foreign Nationals (non-immigrant worker visa applicants)
The U.S. Citizenship and Immigration Services (USCIS) now requires employers to perform a deemed export attestation. Specifically, employers must certify that they:
- Have reviewed the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR)
- Have determined whether a license is or is not required before the foreign employee can have access to controlled products or technology. This attestation is certified on USCIS Form I-129.
Note: The I-129 export control certification, implemented in early 2011, requires U.S. employers, including universities, to comply with the deemed export rule. The new Form I-129 certification requirement does not change the rule in any way.
Under certain circumstances, employers may need to obtain U.S. government permission, (a deemed export license) prior to releasing technology to a foreign national. The government may deny license requests with regard to certain types of technology. This new certification requirement makes it critically important that employers of foreign nationals, including universities, understand and comply with U.S. export control laws and regulations.
Who is considered a foreign national under these rules?
A foreign national is anyone who is not a U.S. citizen or lawful permanent resident (i.e., aliens possessing a valid Form I-551 or green card), or persons granted asylee or refugee status.
Under export controls, anyone holding a temporary visa (B, E, F, H-1B, H-3, J-1, L-1, etc.) is considered a foreign national. Foreign national employees requiring the deemed export certification include faculty, visiting scholars, researchers, staff, post-doctoral candidates, technicians, foreign students seeking advanced degrees, and any foreign national conducting research at U.S. universities or their affiliates.
International Exchange Visits
The Office of International Services provides overall leadership to FGCU in developing, coordinating and promoting international education opportunities for students and professionals.
FGCU personnel wishing to invite and host a foreign national to the university must apply through the International Services Office well in advance (90 days minimum suggested) of an expected start date for the Exchange Visitor as preparations can take several months to ensure necessary compliance and arrangements. Get important information, requirements, guidance and forms regarding the Exchange Visitor Program. The International Services Office may be your initial point of contact as you consider hosting a foreign national Exchange Visitor however, you may also be referred to the Office of Research & Sponsored Programs or Human Resources Office for additional guidance and appropriate procedures as needed. No FGCU persons should offer any formal or written invitation to a prospective Exchange Visitor until advised by the International Services Office that all required procedures have been completed.
Exchange Visitors and Export Compliance
All Exchange Visitors must meet, and be screened for, export compliance requirements. The Deemed Export Review Form for J-1 Scholars and Student Interns (included in the general application process for hosting the Exchange Visitor) must be completed and submitted to International Services Office. If further information is needed, or any concerns are noted, the International Services Office will contact the FGCU host prior to proceeding to formally invite the Exchange Visitor and issue appropriate immigration documents.