Export Control laws broadly apply whenever items, services, technology, funds, or data are being sent (exported) outside of the United States, including when information and know-how is transferred to a foreign national located within the United States (a “deemed export”), regardless of the source of funding. Harvard Medical School is committed to complying with applicable U.S. laws and regulations pertaining to exports of items, services, technology, funds, or data by or on behalf of HMS. All members of the Harvard Medical School community are required to comply with Export Control and Specially Designated Nationals regulations and should seek guidance if sending (or carrying) Harvard materials, services, technology or data owned outside the United States.
Overview of Requirements:
Shipping/Carrying Materials Overseas
- Any item that is sent from the U.S. to a foreign destination is an export. “Items” include biological materials, chemicals, research materials, software, technology, and information.
- The export of controlled items, information or software may require approval from the U.S. government. An export license or license exception permits controlled tangible items or software to be sent outside the U.S. or controlled information or software to be shared with foreign persons in the U.S. or abroad.
- Before carrying, shipping, or otherwise sending materials outside of the U.S., you should consult the International Shipping Guidance and your School or Institute’s Export Control Administrator to determine whether an export license is required. Seek export control review from the HMS Export Control Administrator (international_collaborations@hms.harvard.edu).
- Material Transfer and/or Data Use Agreements with International Collaborators may also be required
Traveling to, or Collaborating with, Colleagues Overseas
- Before traveling to countries that may be the subject of sanctions, collaborating with a foreign national outside of Harvard University or any person or entity outside of the United States, or presenting your research at an international conference, conduct an SDN screen.
- SDN screens may also need to be conducted when enrolling foreign nationals in:
- Professional or continuing education courses,
- On-line courses or executive education programs, or
- Otherwise providing services or receiving funds from foreign nationals
- The Export Control Guidance on SDN screens provides further information on how to conduct SDN screens, and how to proceed if a screen results in a positive match.
- You should also reference the points to consider when travelling abroad in the Foreign Travel Issues section of this site.
Cloud Computing
- Use of cloud computing may implicate export control related issues. If you plan to outsource IT Services, you should consult with the Harvard Export Control Guidance on Data Storage and Transmission.
If an HMS Export Control review determines that an Export Control license is required, the license must be obtained prior to exporting the material, data, technology or service. The HMS Office of Research Administration Export Control Administrator will assist you with applying for and securing a license prior to shipment or transfer. Please note that while in most cases an export control review can be completed quickly, if an Export Control license is required, the application must be submitted through the US Department of Commerce or the US Office of Foreign Assets Control and can take several months (12 weeks or longer) to receive a decision. Faculty and researchers should plan research efforts with these time frames in mind.
Resources
Harvard Export Control Website
Request support or reviews at: International_collaborations@hms.harvard.edu