Rule 3341-3-83 | International travel by faculty and staff.
(A) Policy statement and purpose
BGSU maintains an international travel registry to help promote safety and security when faculty and staff are on university-related travel. This policy provides guidance for use of the international travel registry. It also requires faculty and staff to be aware of and comply with federal laws that pertain to university-related travel, in particular, those laws that restrict the international movement of physical items and intellectual property.
(B) Policy scope
This policy encompasses all university-related international travel by BGSU faculty and staff, including graduate assistants traveling as part of their work. This includes international travel that is partly unrelated to the university if the primary purpose of the travel is work-related.
(C) Policy definitions
(1) High-risk countries and locations
This term refers to those countries, regions and cities that are ranked at risk level 4 (do not travel) under current U.S. department of state travel advisories.
It also includes countries and locations ranked at risk level 4 (do not travel) on the university's international travel webpage; those areas subject to a centers for disease control and prevention travel health notice warning level 3; and the list of high-risk countries identified by BGSU ITS.
The university reserves the right in its sole discretion to designate other countries and locations as "high-risk."
(2) International travel
This term refers to travel whenever a destination is outside the fifty States of the United States of America or the District of Columbia. Travel to U.S. territories (including American Samoa, Guam, Northern Mariana Islands, Puerto Rico, the U.S. Virgin Islands, and the United States Minor Outlying Islands) and journeys on the high seas are also considered international travel.
(3) University-related travel
Faculty or staff members on international travel within the context of their job responsibilities are on university-related travel (URT).
If faculty or staff members receive university funds or BGSU-managed funds for travel, then they are on URT.
Such funding, however, is not necessary for a trip to be URT. For example, a faculty member traveling to deliver an invited presentation in their field, supported by the international host, is on URT.
URT also includes international travel when a BGSU unit, faculty or staff member is involved in creating, funding, or approving the travel, or coordinating the applications and selection of BSGU faculty or staff participants for the travel.
Although a trip might include personal activities outside of the traveler's job responsibilities, if the primary purpose is work-related, the trip is URT. For example, if the trip would not occur without the work-related component, then its primary purpose is work-related.
(D) Policy
(1) Required URT registration
Faculty and staff must register their URT in the international travel registry. In addition to obtaining any needed supervisory approval, registration of URT is required for reimbursement. If the URT is not properly registered, then under the university travel policy, the university will deny expense reimbursement.
Use of the international travel registry informs the university of URT. This is not an approval process, and the information provided will remain confidential except in case of emergency or if the travel plans include travel to locations embargoed by the United States department of state, the centers for disease control, or the world health organization.
Registering also helps the university contact individual travelers in the event of an emergency as well as provide insurance through the university's travel health plan.
Individual travelers are responsible for compliance with this policy. Units sponsoring URT are responsible for informing travelers of this policy and for facilitating compliance for individuals where appropriate.
(2) Export control-compliance with federal export regulations
All aspects of URT must be consistent with applicable United States laws. These include but are not limited to: the U.S. department of commerce's export administration regulations (EAR); the U.S. department of state's international traffic in arms regulations (ITAR); and the U.S. treasury department's office of foreign asset control (OFAC).
(a) Physical assets
Faculty and staff are responsible for verifying that the physical items they are traveling with (e.g., scientific equipment, laptops, encryption software, cell phones, tablets, flash drives, cameras, and GPS units), whether owned by the university or personally-owned, are not prohibited by U.S. law from being taken to the URT destination. Even if not prohibited, certain assets may not be taken to their travel destination(s) without a license or government authorization.
Travelers must also comply with rule 3341-3-71 of the Administrative Code, travel and data security for BGSU-owned devices.
(b) Intellectual property
Faculty and staff are responsible for determining if information being shared with foreign nationals during the URT is subject to export control laws and regulations.
For example, presentation of data or information that is not yet published or publicly available may result in an unauthorized export unless the data or information is commonly taught in university courses in the U.S. or is fundamental research.
In general, data or information will qualify as fundamental research if it is ordinarily published and shared broadly within the research or scientific community and there are no restrictions on publication (other than limited review by a sponsor to avoid divulging proprietary information or compromising patent rights).
Even if the data or information is fundamental research, however, it may not be shared or discussed with any foreign colleague who is prohibited by the federal government from receiving it, such as a specially designated national, an employee or representative of the government of a sanctioned country, or a restricted party. As a best practice, the OFAC sanctions lists webpage search tool may be used to review for specially designated nationals.
In addition, engaging in research or fieldwork or instruction outside the U.S. may not qualify as fundamental research until the work is published or made publicly available.
For compliance assistance, contact the office of research compliance.
(3) Preparing for travel
All travelers are expected to review the related policies identified in paragraph (H) of this policy.
In addition, travelers are expected to comply with all required items and consider all recommended items in the international travel guidelines.
(E) Enforcement and sanctions
Individuals or entities failing to comply with this policy will be referred to the appropriate disciplinary process. A violation of this policy may result in disciplinary action, up to and including termination of employment.
(F) Implementation of policy
This policy is owned and maintained by the office of the provost and the vice president for finance and administration. Elements contained within the policy are controlled by various university departments, including international programs and partnerships, office of research compliance, risk management/environmental health and safety, and information technology services.
(G) Equity impact statement
The policy has been assessed for adverse differential impact on members of one or more protected groups.
(H) Related rules of the Administrative Code
3341-2-38 Student travel policy
3341-3-71 Travel and data security for BGSU-owned devices
3341-6-7 BGSU information technology
3341-6-18 Data use and protection
3341-6-47 University travel expense
Last updated December 19, 2023 at 8:47 AM
Supplemental Information
Amplifies: 3341