Harvard Medical School (HMS) is committed to promoting freedom of access to research findings and dissemination of information for the advancement of science while ensuring adherence to U.S. laws and regulations pertaining to the export of items, services, and technology. HMS investigators engage in a broad range of innovative research both in the U.S. and abroad, including the sharing and development of products, goods, hardware, software, or materials, as well as research involving technology that may be subject to U.S. export control laws and regulations.
The Department of Commerce regulates the export of items and information that have civil applications; the Department of State regulates the export of items with military applications; and the Department of the Treasury enforces country-specific embargoes and financial sanctions on individuals, organizations and countries. These agencies require the University to secure an export license under certain circumstances before items are exported to another country, or information is shared with a foreign national.
Given the complexity of the applicable laws, Harvard School of Public Health has established a comprehensive and user-friendly website dedicated to export control education. In addition, the Harvard community adopted the Harvard Export Control Compliance Policy Statement and the Export Control Policy and Procedures to provide guidance regarding compliance with applicable export control laws.
Deemed Export Attestation
The U.S. Citizenship and Immigration Services (USCIS) recently issued a new form I-I29 that requires a change in procedures when the University hires a foreign person as faculty and staff. A key change to the form is the inclusion of a “Deemed Export Attestation,” which requires the petitioner (i.e. the University) to certify whether visa petitions for certain classes of foreign person work visas will require a license or other government authorization for the release of export-controlled technology or technical data to the foreign person in the United States during his/her employment. Under the export control laws, the transfer of such information is “deemed” an export to the country of origin of the individual with whom you are communicating.
To meet this requirement, the University’s visa application now includes a “Deemed Export Certification.” This certification must be signed by the Principal Investigator or Department Chair and the School’s Compliance Officer, attesting whether or not a deemed export license is required prior to the release of technology or technical data to the foreign person.
To provide guidance to the HMS community, the Office of Research Compliance supports an export control email address to assist with determining if any HMS research, travel, collaborations or export of any goods and services are subject to export controls, and to review the work of foreign persons to ensure compliance with the new USCIS requirement: firstname.lastname@example.org