Research Oversight at ASU: Issues related to Foreign Travel

OVERVIEW Supporting the needs of Researchers Foreign Travel Issues Export Control Concerns Intellectual Property Issues

Supporting the Needs of Researchers 1.Proactive contact for all international travel budgeted on a sponsored account. 2.Contact includes country/city specific travel advisory based on U.S. Department of State Guidance. 3.Advisory briefing regarding traveling with controlled technology, information and equipment. 4.Certification of computer equipment for travel.

International Travel Warnings versus Briefing html

International Travel Briefing Travel Warnings are issued when long-term, protracted conditions that make a country dangerous or unstable lead the State Department to recommend that Americans avoid or consider the risk of travel to that country. A Travel Warning is also issued when the U.S. Government's ability to assist American citizens is constrained due to the closure of an embassy or consulate or because of a drawdown of its staff. Examples include: Haiti, Israel (West Bank and Gaza), Nigeria, Lebanon, and Iraq.

Haiti - June 24, 2010 The Department of State warns U.S. citizens of the situation in Haiti in the aftermath of the January 12 earthquake that struck near Port-au-Prince. This replaces the Travel Warning for Haiti dated March 15, 2010, and provides updated information for U.S. citizens in Haiti. The Department of State strongly urges U.S. citizens to avoid travel to Haiti. The January 12 earthquake caused significant damage to key infrastructure and access to basic services remains limited. The country continues to experience shortages of food, drinking water, transportation and adequate shelter. The earthquake significantly reduced the capacity of Port-au-Prince’s medical facilities and inadequate public sanitation poses serious health risks. While the Embassy's ability to provide emergency consular services has improved in the months following the earthquake, it is still limited. The level of violent crime in Port-au-Prince, including murder and kidnapping, remains high.

International Briefing Country Specific Information is available for every country of the world. These pages include such information as location of the U.S. embassy or consulate in the subject country, unusual immigration practices, health conditions, minor political disturbances, unusual currency and entry regulations, crime and security information, and drug penalties.

International Briefing 1.Travel warning or standard briefing. 2.ORIA contact information (including after- hours cell phone numbers). 3.Local contact information in country for the U. S. Embassy. 4.Guidance on traveling with computer equipment. 5.Other pertinent information.

United States Export Controls Govern the shipment, transmission or transfer of information or software to foreign persons in the US or abroad or foreign countries may require an export license. There are three principal sets of regulations.

Department of Commerce Export Administration Regulations (EAR) dual use civilian items and technology.

State Department International Traffic in Arms Regulations (ITAR) – military applications, defense goods and services (whether used for the military or not).

Department of Treasury Office of Foreign Assets Control (OFAC) – sanctioned countries regulations.

Export Control Concerns Export Control Regulations Guidance Securing protected information – effective control Processing license requests to travel with controlled data, technology or information Computer equipment certification – Advising on computer accessories (thumb drives, external drives, pda/gps) Travel to embargoed countries requires an export license –

Export Control Concerns ASU travel that may require a license: – Carrying export controlled technical data or technology, including blueprints, drawings, photographs, formulas, or instructions on laptop or flash drive, etc. when traveling to any foreign country. – Taking ITAR or EAR export controlled items such as encryption software, prototypes, models, or designs with you when you travel out of the country. – Travel to OFAC embargoed countries for research. – Giving or attending conferences in OFAC embargoed countries. – Most restrictive when embargoed countries are involved: Sudan, Iran, Syria, North Korea, and Cuba.

Intellectual Property Concerns Protecting Intellectual Property Rights 1. Identify IP 2. Secure IP 3. Enforce IP

Intellectual Property Concerns Internal Measures Mark documents “CONFIDENTIAL” Limit Access Dispose of documents securely (shred) When? Restrict Physical Access Use computer encryption

Intellectual Property Concerns Employees Nondisclosure agreements Non compete agreements IP assignments

Legal Options Civil State and Federal Court Alternative Dispute Resolution Criminal U.S. Department of Justice Administrative U.S. Customs – Border Enforcement

Enforcement Strategy Executive Office of the President – 2010 Joint Strategic Plan in IP Enforcement

U.S. Strategy 1.Leading by example - coordination of Federal, State and Local Law Enforcement 2.Increasing transparency - Coordination of Training for Law Enforcement and Prosecutors 3.Ensuring efficiency 4.Enforcing U.S. Rights Internationally

US Agencies with IP Missions Statements USDACommercePatents and Trademarks JusticeStateExecutive Office of the President Library of Congress

Improving our internal support Q & A From your seat –

CONTACT INFORMATION General Questions:Office of Research Integrity & Assurance (480) Sheryl Trexler, Assistant Director for Research Integrity and Assurance Debra Murphy, Director for Research Integrity and Assurance (480) Beth Israel, Associate Vice President for Research Policy and Assurance