Office of the General Counsel
The following compliance areas offer expertise, resources, policies & procedures and training to the Creighton research community related to:
The Institutional Animal Care and Use Committee (IACUC) ensures all regulations concerning animal research are adhered to and provides general support for the institution's animal research program by providing:
What are controlled goods?
Controlled goods refer to a good or technology on one of several lists maintained by the US government that detail items that are subject to export control laws. Technical information developed for military or space applications is controlled by the International Traffic in Arms Regulations (ITAR), and goods subject to ITAR can be found on the US Munitions List (USML). The US Export Commodity Control List has the most comprehensive list of controlled goods. If you have a question about whether a certain good or piece of information is subject to export controls, the easiest way to check is to contact Creighton’s Export Controls representative.
What countries should I be worried about?
Exports to Cuba, Iran, North Korea, Syria and Sudan automatically require a license from the government. The highest risk countries for export controls are currently Belarus, Burma, Congo, Cuba, Iran, Iraq, Ivory Coast, Liberia, Libya, North Korea, Somalia, Sudan, Syria and Zimbabwe. Other high risk countries include Afghanistan, China, Cyprus, Eritrea, Fiji, Haiti, Lebanon, Palestinian Authority / Hamas, Sri Lanka, Vietnam, Venezuela and Yemen. This is a general list, and should not be relied upon as a guarantee that a non-listed country is not a concern.
Physical Exports of Goods
The movement of any goods outside of the United States is considered an export, and includes goods accompanying a traveler visiting overseas. Exports valued at $2500 or greater must be reported to the US government, regardless of whether an export license is required.
Deemed Exports
Providing controlled goods or technology to a foreign national, or to an employee of a foreign company, is considered to be an export to the foreign national’s country of citizenship, regardless of whether the goods are provided in the US or abroad. This type of deemed export includes situations where data is shared at a presentation where foreign nationals are present, demonstration of the use or manufacture of a controlled good to a foreign national, emailing controlled information to a foreign national, or providing a controlled good to an intermediary with the intention that it be delivered to a foreign national.
Exclusions and Exemptions
There are a few exclusions and exemptions that prevent items from being subject to export control regulations even though they meet the criteria. First, fundamental research is excluded. This means that basic or applied research at an accredited institution of higher learning that is ordinarily published and shared with the scientific community is generally not subject to export controls. Export control regulations also do not apply to information released in academic catalog-listed courses or labs, or to information that is already in the public domain.
The fundamental research exclusion only applies to the results of research. A sponsor may wish to provide controlled information to a Creighton researcher as part of a project. In these circumstances, it is important to establish a technology control plan so that the sponsor’s controlled information is not unintentionaly disseminated. If the sponsored research contract refers in any manner to the sponsor providing export controlled goods or information, or anything that is subject to ITAR, EAR, ECCN or USML, it is important to contact Creighton's export control official to make sure an appropriate plan is implemented.
[SM1]Hyperlink to www.pmddtc.state.gov/regulations_laws/itar.html
[SM3]Hyperlink to www.bis.doc.gov/index.php/regulations
The impact of export controls laws on the ability to work with foreign nationals is an area of primary concern for university researchers. For purposes of export control laws, an export is considered to be actual shipments and transmissions of controlled items to other countries, as well as the release of controlled items to a foreign national within the US.
The Foreign Corrupt Practices Act is US legislation that makes it illegal to provide anything of value to a foreign party in order to obtain an unfair advantage. If you have more questions about this legislation, or want to ensure you are not in danger of infringing these laws, please contact Creighton?s export control official at exportcontrols@creighton.edu.
Foreign National Employees (H-1B)
The Department of Homeland Security requires visa sponsors to certify whether an export license will be required for a foreign national to work in the US. If you have questions about whether this certification is required for you or someone you work with, please contact Jodi Lange at 402-280-5589.
Students
Undergraduate, graduate and post-doctoral students may be required to obtain an export control license if they will be working with export controlled materials (either Creighton?s or those of a sponsor). Student publications (such as dissertations) may be eligible for exclusions and exemptions such as the fundamental research exclusion.
Debarred Lists
Restricted Party Lists are lists of individuals who have violated export control regulations in the past. US citizens have an obligation to ensure that people and entities they do business with are not on these lists.
Carrying controlled equipment or technical data overseas is considered an export, so travelers should be very careful when considering what kind of papers and computer storage media will accompany them on a trip. It is also considered an export to use personal knowledge or technical expertise that is export controlled when abroad.
US Customs has the right to search electronic files on a computer when leaving or returning to the US, so make sure to check for compliance prior to leaving on a trip.
It is also illegal to work or engage with entities that participate in the boycott of Israel. This list potentially includes Iraq, Kuwait, Lebanon, Libya, Qatar, Saudi Arabia, Syria, United Arab Emirates and the Republic of Yemen.
Department of Commerce - Bureau of Industry and Security
Department of State - Directorate of Defense Trade Controls
Department of Treasury - Office of Foreign Assets Control (OFAC)
Creighton University's Sponsored Programs Administration provides members of the Creighton community with the services and resources they need to successfully obtain and manage funding for their research, scholarly, and service endeavors.
The Human Research Protection Program supports researchers and Creighton’s Institutional Review Board which has the responsibility of protecting the rights, dignity, welfare and privacy of humans who participate in research programs governed by Creighton University.
The Office of Research Compliance provides oversight and support for research efforts, submission and approval of grants, information related to funding opportunities and other research related services.
The Environmental Health and Safety office (EHS) support handles issues related to:
