Business Managers Meeting September 13, 2005
Agenda • FY 2005 Preliminary Numbers for ORSP • NIH and Grants.gov phase in project • New ORSP and OCLTT website homepages • New Budget templates and Fringe Benefit Rates • Upcoming training events • Export Controls
Preliminary FY’05 Awards by Funding Source% +/- % +/- Federal2001 2004 2005 05 to 04 05 to 01 National Institutes of Health $42.1 $69.9 $71.8 2.7% 70.3% National Science Foundation $34.9 $50.0 $45.8 (8.2%) 31.3% U.S. Department of Transportation $4.9 $0.5 $11.0 2,070.9% 123.2% U.S. Department of Defense $7.6 $11.0 $8.1 (26.1%) 6.8% Department of Commerce $3.6 $3.8 $7.8 107.9% 114.4% U.S. Department of Agriculture $6.5 $6.1 $6.1 0.1% (6.2%) U.S. Department Of Energy $6.6 $5.0 $4.5 (10.6%) (32.3%) U.S. Department of Education $6.4 $3.3 $4.0 24.0% (37.2%) U.S. Environmental Protection Agency $0.7 $1.2 $2.2 90.4% 239.3% National Aeronautics and Space $3.6 $3.1 $2.2 (29.1%) (38.0%) U.S. Department of Labor $1.8 $0.2 $0.3 46.8% (83.1%) Other Federal $4.2 $5.9 $7.3 24.7% 72.9% Federal Total: $123.1 $159.9 $171.3 7.1% 39.1% Foundations and Other Associations and Foundations $27.8 $28.3 $44.5 57.1% 59.9% Institutions of Higher Education $16.4 $15.1 $14.8 (2.3%) (9.8%) Other States and Local Government $0.1 $0.5 $0.6 30.8% 747.2% Other Foundations and Other $0.0 $0.0 $0.0 (11.3%) 0.0% Foundations and Other Total: $44.3 $43.9 $59.9 36.4% 35.4% State of New Jersey Department of Human Services $4.6 $6.8 $6.5 (4.1%) 40.1% Department of Environmental Protection $2.5 $3.0 $5.5 80.8% 119.0% Department of Health and Senior Services $4.2 $4.9 $2.9 (40.0%) (31.2%) Department of Transportation $5.2 $4.6 $2.9 (38.6%) (45.4%) Department of Labor $0.7 $1.2 $2.1 71.3% 213.1% Department of Community Affairs $2.5 $2.2 $2.1 (5.7%) (17.0%) Department of Law and Public Safety $1.4 $1.6 $2.0 31.1% 49.0% Department of the Treasury $1.2 $1.2 $1.4 15.9% 14.2% Commission on Higher Education $5.7 $1.8 $1.1 (37.3%) (80.2%) Department of State $0.8 $0.7 $1.0 46.2% 31.7% Commission on Science and Technology $2.6 $1.4 $0.6 (56.0%) (76.4%) Other State of New Jersey $6.3 $9.6 $15.9 65.4% 153.8% State of New Jersey Total: $37.7 $39.0 $44.0 12.9% 16.9% Corporations Corporate Contracts $14.0 $12.2 $16.9 38.3% 20.5% Corporate Grants-in-Aid $3.3 $2.1 $3.4 63.3% 3.1% Corporations Total: $17.3 $14.3 $20.3 41.9% 17.2% Grand Total: $222.4 $257.1 $295.5 14.9% 32.9%
Initial plans/milestones for submission dates and mechanisms are as follows: • December 1, 2005 —Small Business Innovative Research (SBIR) and Small Business Technology Transfer Programs (STTR) (R41, R42, R43, R44) • December 15, 2005 —Support for Conferences & Scientific Meetings (R13 & U13) • January 25, 2006 —Academic Research Enhancement Awards (AREA) (R15) • June 1, 2006 —Small Grant Programs (R03) & Exploratory/Development Research Grant Awards (R21) • October 1, 2006 —Research Project Grant Program (R01)
Website Redesign Goals • No new items of substance/text were added to the new design as of this time • ORSP will review each segment of the website during the coming year to update information and link to DGCA and other units as appropriate • Designed the site to be intuitive and user friendly and to follow and trace from development of an idea through the process • Stronger search by using Google to find pages within ORSP and Rutgers as well
New Budget Templates • Budget Templates have been Updated • Changes in Fringe Benefit rates • Out year “ estimated increases “ were revised • Begin using immediately
ORSP Workshops Fall 2005 • New Faculty/Staff Orientation: Research Administration This orientation is for new faculty and staff in the area of research administration at Rutgers University. Participating departments include the Office of Research & Sponsored Programs, Division of Grant & Contract Accounting, and Office of Corporate Liaison & Technology Transfer. Each office will give a broad overview of their services and responsibilities. The main focus will be on pre-award administration including proposal and award processing, procedures for using animals and human subjects in research, and tools to help find research funding. DATE: Weds, Oct 12, 2005 TIME: 9:00-11:00 am PLACE: Center Hall, Busch Campus Center • Grant Processing and Budgeting Basics: A Multi-Dimensional Approach All faculty and staff involved with budget and grant preparation are encouraged to attend. The workshop is designed for new faculty and staff or those who would like a refresher on the grant submission process, including the use of the Rutgers Budget Template. DATE: Fri, Oct 28, 2005 TIME: 9:00-12:00 noon PLACE: Center Hall, Busch Campus Center To register or further information please visit the ORSP website at http://orsp.rutgers.edu/workshop.asp
What are Export Controls? U.S. laws that regulate the distribution to foreign nationals, foreign countries, or foreign nationals on U.S. soil of strategically important products, services and information for reasons of foreign policy and national security.
US Export Controls and Responsible Agencies • State Department: military technologies – International Traffic in Arms Regulations (ITAR) • Commerce Department: “Dual Use” technologies (primarily civil use) – Export Administration Regulations (EAR) • Treasury Department, Office of Foreign Assets Control (OFAC): upholds embargoes, boycotts, and trade sanctions
Export Control Regulations Apply To: • the transfer of specified items or information to people or entities outside of the U.S. • the disclosure of certain information to certain foreign nationals within the U.S. (“deemed export”) • the training or offering of services involving controlled equipment or info to foreign nationals • transactions with, or providing services to, certain foreign countries or individuals on embargo lists
Dissemination of Information • Laws prohibit disclosure of controlled technical information without a license from Commerce or State by any method to a foreign national in the U.S. or abroad • Methods of disclosure include: • Fax/Telephone/Email/Face-to-face discussions • Computer data disclosure • Training Sessions • Tours involving visual inspections
Exemptions to EAR/ITAR Fundamental Research Exclusion • Research done in institution of higher learning • Research carried out openly and without restrictions (i.e. dissemination of results) Education Exclusion -- information shared as part of a course -- does not apply to federally-classified information Public Domain Exclusion --publicly available information exempted
Fundamental Research Exclusion The FRE is destroyed if University accepts contract clauses that: -- forbid participation of foreign nationals -- give the sponsor a right to approve publication resulting from the research -- restricts participation in research and/or access to/disclosure of research results NOTE: “Side Deals” between PI and Sponsor can destroy the FRE
University Strategy Protect the Fundamental Research Exclusion by eliminating contractual clauses that destroy our ability to claim the exclusion
Employment Exclusion Under ITAR, NO license is required to share covered technical data with a foreign national who: -- is not a national of certain countries -- is a full-time bona fide RU employee -- has a permanent address in the U.S. while employed -- is advised in writing not to share covered technical data with any foreign nationals
Are Other Foreigners Exempt? Under EAR, the following foreigners are not affected: 1) Naturalized citizens 2) Green card holders 3) People with Political Asylum
Services to Foreign Nationals • EAR/ITAR prohibit assisting & training foreign nationals anywhere in the design, development, use, testing, etc of controlled equipment without a license from Commerce or State • OFAC prohibits the provision of services to countries subject to boycott, US Sanction, etc, without a license (i.e. marketing/business services, developing new information or materials)
Shipping Equipment Out of U.S. • Need a license to ship equipment controlled by ITAR to any foreign country • May need a license to ship equipment under the EAR depending on type of equipment and its destination • A license may be required to ship software out of the U.S. • Obtaining a license can take months!
Laptop Exception Excluding Embargoed Countries, faculty who wish to take their laptops out of the country to use in a university project that qualifies as fundamental research may be able to do so under the license exemption for temporary export if the laptop qualifies as “tools of trade” and is under control of the faculty member at all times (15 CFR Part 740.9)
Proposal Stage Red Flag Items Does the project involve: -shipping equipment to a foreign country? -collaborating with foreign colleagues? -training foreign nationals on equipment? -working with a country subject to boycott? Is the RFP marked “Export Controlled”? Is the sponsor demanding pre-approval rights over publications or the participation of foreign national students?
What to do? • Contact ORSP immediately, or if ORSP sees troublesome clauses you may be contacted • Understand this may slow the process down, as these are complex regulations from the federal government • ORSP will be asking the following: - Is access to the project or its results controlled or restricted? - Are items/materials used in the project on the controlled lists? - Is work being done in a foreign country? - Are foreign nationals working on the project? - Will the results of the project be published?
Remember…. KEEP IT EXEMPT! -- NO restricted publication clauses -- NO side deals CONTACT ORSP AS SOON AS AN EQUIPMENT ISSUE OR OTHER EXPORT CONTROL ISSUE ARISES!
Export Administration Regulations (EAR) US Department of Commerce Export Policies –www.bxa.doc.gov/policiesandregulations/index.htm EAR Database- www.access.gpo.gov/bis/ear/ear_data.html Commerce Control List Index (Alphabetical)- www.access.gpo.gov/gis/ear/pdf/indexccl.pdf International Traffic in Arms Regulations (ITAR) Defense Trade Control (Reference Library)-www.pmdtc.org/reference.htm United States Munitions List (USML) Categories- www.pmdtc.org/usml.htm Office of Foreign Assets Control (OFAC) Sanctions Program and Country Summaries-www.treas.gov/offices/enforcement/ofac/sanctions.index.html Specifically Designated Nationals (SDN) List- www.treas.gov/offices/enforcement/ofac/sdn/ Regulatory Offices US Department of Commerce-Bureau of Industry and Security www.bis.doc.gov US Department of State- Directorate of Defense Controls www.pmdtc.org US Department of The Treasury- Office of Foreign Assets Control www.treas.gov/offices/eotffc/ofac Links to Government Materials