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ROWAN U=
NIVERSITY POLICY
Title: Expor=
t Control Guidelines for Visiting Professors and Research Scholars
=
Subject: Research
Policy No:=
Res: 2017: 02
Applies: University-Wide =
Issuing Authority: President
Respo=
nsible Officer: Vice President for Research
Ad=
opted: 04/04/2017
Last Revision: 07/1=
4/2023
Last Reviewed: 07/14/2023
I. PURPOSE
The=
purpose of this policy is to outline the process for inviting a J-1 exchan=
ge scholar to Rowan University that ensures compliance with the federal Exp=
ort Control regulations.
II. ACCOUNTABILITY
Und=
er direction of the President, the Vice President for Research and the Rese=
arch Compliance Officer shall implement and ensure compliance with thi=
s policy.
III. APPLICABILITY
Thi=
s policy applies to all Rowan University faculty, staff and students i=
nvolved in the University's research program.
IV. DEFINITIONS
- Visiting Professor/Researcher - According to =
the J-1 U.S. State Department Guidelines, a Professor is defined as: An ind=
ividual primarily teaching, lecturing, observing, or consulting at post-sec=
ondary, accredited educational institutions, museums, libraries, or sim=
ilar types of institutions. A professor may also conduct research, unl=
ess disallowed by the sponsor.
- Research Scholar - An individual primarily co=
nducting research, observing, or consulting in connection with a research p=
roject at research institutions, corporate research facilities, museums, li=
braries, post-secondary accredited educational institutions, or similar typ=
es of institutions. The research scholar may also teach or lecture, unless =
disallowed by the sponsor.
V. REFERENCES
- Export Control Program at Rowan University
VI. POLICY
- Export Control
- The U.S. government regulates the transfer of information, commodities,=
technology, and software considered to be strategically important to the U=
.S. in the interest of national security, economic and/or foreign policy co=
ncerns. There is a complicated network of federal agencies and inter-relate=
d regulations that govern exports collectively referred to as "Export Contr=
ols." In brief, Export Controls regulate the shipment or transfer, by whate=
ver means, of controlled items, software, technology, or services out of U.=
S. (termed an "Export"). Perhaps of even more consequence to the university=
, is that the government also restricts the release of certain information =
to foreign nationals here in the U.S. (referred to as a "Deemed Export"). E=
xport Controls have the potential to severely limit the research opportunit=
ies of university faculty and their students and staff, as well as to preve=
nt international collaboration in certain research areas. Non-compliance wi=
th export controls can result in severe monetary and criminal penalties aga=
inst both an individual as well as the university, and can result in the lo=
ss of research contracts, governmental funding, and the ability to export i=
tems.
- The Department of Homeland Security's US Citizenship and Immigration Se=
rvices (USCIS) now requires all employers to assess whether an export licen=
se must be obtained prior to hosting a visiting scholar or hiring any H1-B =
employee, and to certify to those findings.
- This certification requirement implements laws that are presently set f=
orth in both the Export Administration Regulations (EAR =E2=80=93 civil app=
lications) and the International Traffic in Arms Regulations (ITAR =E2=80=
=93 defense applications). These laws mandate that US Persons, including un=
iversities, seek and receive US Government approval before releasing export=
controlled technology identified on US export control lists to foreign nat=
ionals in the US. Under both the EAR and ITAR, the transfer of export contr=
olled technology to a foreign national in the US is considered an export, s=
pecifically a "deemed export", to the foreign national's country or countri=
es of citizenship. Significant civil and criminal penalties apply to the un=
authorized release of export controlled technology on US export control lis=
ts to foreign nationals in the US.
- A deemed export is the transfer of a controlled technology to foreign p=
ersons, usually in the United States, where the transfer falls under the ex=
port control regulations because the transfer is "deemed" to be to the coun=
try where the person is a resident or a citizen.
- Guidelines
- Rowan University welcomes international professors and scholars who are=
invited to Rowan as an exchange visitor on a J-1 Visa. The International C=
enter provides SEVP regulatory advice and guidance to Rowan faculty and the=
ir visitors to ensure federal compliance while navigating the Visa process.=
- Rowan hosts visiting professors and research scholars, together defined=
as "Visiting Scholars" for a period not to exceed six months or other nego=
tiated terms. This is an opportunity for Rowan University College/Departmen=
t/ faculty to work collaboratively with the visiting scholar for mutual sci=
entific, scholarly and artistic accomplishments. This is accomplished throu=
gh the Department of State J-1 visa program, which authorizes ROWAN UNIVERS=
ITY to bring in visiting scholars for a stipulated period of time. Internat=
ional Center at ROWAN UNIVERSITY issues the appropriate J-1 visa documents.=
- Rowan University International Center assists departments and colleges =
with many of the initial aspects of a visiting scholar program for ROWAN UN=
IVERSITY.
- Attachment A outlines some issues that need to be considered b=
y all parties involved with facilitating a successful international Program=
experience at ROWAN UNIVERSITY and adhering to Export=
Control Program at Rowan University.
VII. ATTACHMENTS
- Attachment A - Export Control Guidelines for Foreign National Visiting =
Professors and Research Scholars
- Attachment B - J-1 Visiting Professors & Scholars; How to Sponsor a=
n Exchange Visitor
________________________________________________________________________=
___________________________________________________________________________=
_____
ATTACHMENT A<=
br>EXPORT CONTROL GUIDELINES FOR
FOREIGN NATIO=
NAL VISITING PROFESSORS AND RESEARCH SCHOLARS
PROCESS
NOTE: Per the Rowan University International Center, the process for =
inviting a J-1 exchange scholar should begin at least four (4) months prior=
to the proposed start date to ensure ample time for HR and visa processing=
.
- Regardless of whether Rowan is sponsoring the visa, the faculty member =
inviting a foreign national visiting Scholar will inform the Associate Dean=
(AD) in the respective college or Associate Deans for Research at RowanSOM=
or CMSRU, respectively about the impending visit. Information should inclu=
de the name of the Scholar, country of origin, their previous or current em=
ployer information, and a brief description of the reason for their visit a=
nd (if applicable) their proposed project.
- Faculty sponsors then should follow the additional steps on "How to sp=
onsor an exchange visitor" at Rowan University and Attachment B of this policy.=
- Concurrent with International Center processing, the AD will provide th=
e detailed information about the visiting Scholar (from step 1) to the Expo=
rt Control Officer (ECO).
- Concurrent with International Center processing, ECO or Export Control =
Coordinator (ECC) will will conduct Restricted Party Screening and inform A=
D either "go" or "no go "to draft an invitation.
- After a "go" decision is received from the ECO or ECC, the faculty spon=
sor will be informed by the AD that a letter of invitation can be extended.=
- "Export Control and Acknowledgement for All Foreign Nationals and V=
isiting Scientists", "Export Control Form", and "Voluntee=
r Registration & Liability Waiver and Release" forms may be forwar=
ded to the visiting scholar, but do not need to be completed until after ar=
rival (Step 6).
- When the visiting Scholar arrives at Rowan University (after obtaining =
the visa and complying with all of the International Center policies)
- The visiting scholar will sign "Export Control and Acknowledgement =
for All Foreign Nationals and Visiting Scientists" attesting that he o=
r she has been fully informed about the export control program at Rowan University. This=
form will be counter signed appropriate college AD or RowanSOM Associate D=
ean for Research or CMSRU Associate Dean for Research if RowanSOM or CMSRU =
is hosting a visiting scholar, respectively.
- The visiting scholar and the host will complete the "Export Control=
Form" and may be required to attend a face-to-face meeting with the E=
CO.
- If the visiting scholar is providing any work or services while at Rowan University,=
the visiting scholar and host will complete and sign the "Volunteer Re=
gistration & Liability Waiver and Release" form. This form will be=
counter signed by the appropriate college official and forwarded to HR.
- If the Visiting Scholar visits other cities or non-Rowan University aca=
demic institutions or attends a conference in the U.S. for professional rea=
sons, the Visiting Scholar must provide an itinerary to the AD and to the I=
nternational Center.
- In accordance with Rowan =
University's Export Control Program, the college or departm=
ent where the Visiting Scholar is hosted will not allow access by foreign n=
ationals or foreign Visiting Scholar to export-controlled information and t=
echnology without first obtaining an export license, other authorization, o=
r exemption.
- Respective College Deans or ADs, will be responsible for approving and =
coordinating access to restricted facilities and equipment. Deans and ADs w=
ill also ensure that adequate controls of physical, visual, and electronic =
access to export-controlled information and technology are developed, which=
may include unique badging requirements for foreign nationals and segregat=
ed work areas for export-controlled information and technology. Deans or AD=
s are required to immediately report any breach or violation or suspected o=
r potential breach or violation of Rowan University's Export Control Progra=
m to the ECO.
- All issues relating to Export Control must be communicated to the ECO a=
t the following address:
Eric Gregory
Director of Research Compliance
South Jersey Technology Park
107 Gilbreth Parkway
Mullica Hill, NJ 08062
Telephone: 856-256-4058
Email: gregorye@rowan.edu
_________________________________________=
___________________________________________________________________________=
_________________________________
ATTACHMENT B
J-=
1 VISITING PROFESSORS & SCHOLARS
HOW TO =
SPONSOR AN EXCHANGE VISITOR
R=
owan faculty interested in inviting a professor or scholar to Rowan under t=
he J-1 Visa Exchange Visitor guidelines must follow the process outlined be=
low. If you have any questions, please e-mail obeid@row=
an.edu.
The process for inviti=
ng a J-1 exchange visitor should begin at least 4 months prior to the propo=
sed start date. This is to ensure that there is ample time for HR and=
VISA processing.
STEP 1: The hosti=
ng department must complete the Departmental J-1=
Request Packet and=
send to obeid@rowan.edu at the International Center. The recommended time=
frame for submitting the request is a minimum of 12 weeks prior to the exc=
hange visitor's proposed start date at Rowan.
- J-1 Transfer: If t=
he exchange visitor is currently on a J-1 Visa at another institution in th=
e United States, they must also complete and submit a J-1 transfer applicat=
ion in order to ensure that their Visa status remains in good standing and =
that they are eligible for transfer J1-Transfer-in Form
STEP 2: The=
hosting department will notify Human Resources of their intent to invite a=
professor or scholar to Rowan by sending the proposed invitation letter to=
Rowan's Human Resources Department for review.
*Compensated exchange visitors: The hosting department must work with Rowan's Human Resourc=
es Department to ensure that all employment paperwork is completed. <=
/span>
*Uncompensated =
exchange visitors: The hosting department must review R=
owan's policy regarding uncompensated employees =
and submit all required paperwork to =
Tracy Oplinger at Human Resources oplinger@rowan.edu.
STEP 3: Upo=
n receiving the departmental request, the invitation letter, and final appr=
oval from Human Resources, the International Center's J-1 advisor will send=
the exchange visitor the DS-2019 Application.
STEP 4: The=
International Center's J-1 Advisor will review the application and requisi=
te documentation to ensure compliance with the Department of State and Depa=
rtment of Homeland Security's regulations. Once approved, the DS-2019=
will be sent to the exchange visitor.
STEP 5: Upo=
n receipt of the DS-2019, the exchange visitor will pay the SEVIS I-901 fee and make an appointment to apply for a J-1 Visa at the U.S.A. Embassy i=
n their home country. For instructions on making an embassy Visa appo=
intment, visit the U.S. Department of State website: {+}http://tra=
vel.state.gov/content/visas/en/study-exchange/exchange.html+
STEP 6: Rev=
iew the P=
re-arrival Handbook for J-1 Exchange Visitors for important information regarding your arriva=
l at Rowan, maintaining your Visa status, and life in the United States.
STEP 7: The=
exchange visitor will communicate regularly with Rowan's hosting professor=
and J-1 Advisor regarding their Visa status, arrival date, and any changes=
in plans.
Important J-1 Visa Regulatory Requirements:=
h3>
- English Language Profi=
ciency
- Participants must possess sufficient proficiency in the English languag=
e to participate in their programs. [22 CFR 62.10(a)(2)]. The academic host department must verify that th=
e exchange visitor has appropriate academic credentials and English languag=
e proficiency.
- Academic and Government Cate=
gory Incident Report
- As the sponsoring community, we a=
re asked to report incidents (e.g. serious injury, death, sexual abuse, etc=
.) that involve exchange visitors on their respective academic programs. Th=
e Office of Private Sector Exchange Administration - Academic and Governmen=
t (OPA-AG) also requests that sponsors report other events that could bring=
the department or Exchange Visitor Program into notoriety or disrepute. In=
the event that you need to report an incident, please download and complet=
e the J-1 Academic Governme=
nt Category Incident Report Form within 24 hours of the sponsor becoming aware of the iss=
ue. Please submit the completed form to AGalert@state.gov=
span> and copy obeid@rowan.edu =
on the email. For more information, please visit:{+} J-1 Academic Program S=
ponsors.
- Insurance for J-1 Visa Holde=
rs
________________________________________________________________________=
___________________________________________________________________________=
_____
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