Key Guidance - Remote Coursework Outside the U.S.
Recent U.S. government actions may impact some students' ability to be physically present on campus. These include both the temporary pause on visa appointments by the Department of State and President Trump’s Proclamation ordering travel bans on nineteen countries. These actions may raise export control restrictions and/or research security concerns under U.S. federal laws and regulations. We are committed to ensuring our activities adhere to these vital regulations to safeguard our institution and community.
Below, the Office of Research Security provides guidance for complying with federal laws and regulations, but please reach out to the Office of Research Security at ovpr_researchsecurity_admin@stonybrook.edu if you have any additional questions.
Research Security Considerations for SBU Remote Coursework Outside the U.S.
While it is always encouraged that SBU course work be completed by international students on campus or in the U.S. whenever possible, it is understood that exceptional cases may arise where this may not be possible. In such cases, the following guidance on export controls compliance should be consulted prior to allowing international students to take coursework from outside the U.S.
Are There Any Export Controls on Commonly-Taught Course Information?
Not typically. Generally, much of the educational content taught in SBU catalog courses and their associated labs are considered publicly-available information and thus not subject to restriction or licensing under U.S. export controls. For this reason, a great deal of course content that is already being commonly taught and would normally be offered to an international student on campus here under a valid visa, can also be delivered to them in their country of residence abroad if they cannot come to campus.
Note: This exclusion from export controls will not apply to:
- Encryption software covered under the EAR,
- Software with military applications covered under the ITAR,
- Sensitive Nuclear Technology regulated by the DoE, or
- Any content that is outside of what would commonly be taught in a catalog course (e.g., providing a Defense Service).
Note: Teaching on advanced technical concepts beyond basic principles or on concepts that do not conform to the catalog course’s description may not qualify for this exclusion to export controls. These concepts are likely not understood to be “commonly taught.”
Are There Certain Countries to Which I May Not be Allowed to Teach Remotely?
Yes, several countries (Cuba, Iran, Syria, North Korea, and parts of Ukraine) are subject to comprehensive sanctions that limit what course content can be provided to those who are located there. Even if you are intending to deliver commonly-taught public information, the offering of such a course to those located in these countries constitutes a prohibited service that must be pre-authorized by the US government. These restrictions vary depending on the country and more information can be obtained on the Office of Research Security website.
What About Senior Design or Independent Study Classes? Are Such Courses Subject to any Restrictions?
Classes where the students are designing their own projects are subject to the export control regulations. They are generally not appropriate for being offered to remote international students. Please contact the Office of Research Security if the student project:
- Uses any kind of information that is confidential and proprietary to an external party,
- Requires a non-disclosure agreement (for faculty member and/or the student),
- Has any restrictions on foreign national participation,
- Has any restrictions on publication and/or dissemination, and/or
- Has a primary military or national security application.
For such courses, an export license through the Office of Research Security may be required in order to deliver the course work to any international students.
What About Work on Thesis/Dissertations, Could a Student Work on These Activities While Outside the U.S.?
Typically, as long as all of the following criteria are met:
- The student is not in a country with comprehensive sanctions (Cuba, Iran, Syria, North Korea, and parts of Ukraine).
- The student is not part of a faculty laboratory/research group where there is restricted research.
- The thesis/dissertation work is not subject to any publication or dissemination restrictions.
- The student does not require that materials, equipment, and/or proprietary information be sent to the location outside of the U.S.
Note: Work on Thesis/Dissertations from a Country of Concern (China, Iran, Russia, and North Korea) present a higher risk and must be reviewed by the Office of Research Security.
Please contact the Office of Research Security for further information.
What About Physical Course Materials Like Lab Kits?
Any physical materials needing to be shipped or mailed to international students should be assessed for export controls. Regardless of the intent of the shipment, a license may be required to transfer course materials to international students, particularly for more sensitive items than can be found in lab kits used in catalog courses. Please review the guidance found on the Office of Research Security Website or contact the Office of Research Security for further information.
Reminder on Proclamation 10043
President Trump issued Proclamation 10043 on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China on May 29, 2020. The Proclamation continues to be in place. Departments should not offer remote education to individuals who may be denied a visa under this Proclamation.
Reminder on Remote Work from Overseas
If you will have a remote student involved in externally funded research, please review the Remote Work from Overseas guidance document.