Export controls and restricted research
Allowing the use or inspection of equipment by a foreign national is considered by the U.S. Government the same as exporting the equipment to the respective country and is thus subject to export controls by multiple agencies of the U.S. Government. In particular, export controls apply to
- Any release or disclosure, including verbal disclosures or visual inspection or any technology software or technical data to any foreign national
- Actual use or application of covered technology on behalf of or for a benefit of any foreign entity or person anywhere
Fortunately there are many exclusions, but the rules are very complicated, easy to violate inadvertently, and penalties are severe.
- All users must be (a) employees, students, or visitors of a U.S. university, or (b) citizens or permanent residents of the United States, or cleated by Office of Regulatory Compliance.
- The systems may be used only for fundamental research, intended to be published without any restrictions.
- Every user account must belong to at least one project. The project leader (PI) should maintain a page on this wiki with at least a brief description of the project and a list all of their users. The PI will retain records or correspondence documenting the export control status of every user in the project.
The primary contact for more information about export control regulations is the Office of Regulatory Compliance (303-724-1010; firstname.lastname@example.org).
Accounts are also allowed for UCD students when required for the University program of instruction. Any research use by students still must be for fundamental research only.
Other users are possible, but these must be cleared in advance by the UCD Office of Regulatory Compliance before they can be given access.
Fundamental research and restricted research
Fundamental research in the sense of export controls is intended to be published without any restrictions. Specifically,
- the results are ordinarily published and shared broadly in the scientific community
- participation of foreign persons may not be prohibited
- the sponsor may not have a right to approve or delay publications resulting from the research
- the sponsor may not otherwise restrict participation in the research, access to the results, or disclosure of the results.
These are generally meant to refer to corporate or government sponsors.
- University Export controls information
- UCD policy on export controls
- Regents policy on restricted research
- UCD guide for understanding export control official UCD document with general principles but not specific guidance
- https://www.rc.colorado.edu/services/compute/janus: Janus privileges will require a supporting PI or Faculty who agrees to abide by the relevant Export Control requirements.
- Introduction to Commerce Department Export Controls
- "Deemed Export" Questions and Answers FAQ from the Commerce Deparment
- Code of Federal Regulations, Bureau of Industry and Security
- US Department of Commerce, High Performance Computer Export Controls Some specific rules for exporting HPC equipment, but little about "deemed export" here
- Obama announces reforms to simplify and reduce export controls, Physics Today, October 2010. Professor sentenced for allowing foreign students to access controlled technology. Examples of what requires a license.
- Banned entity list