Off-Campus Travel Policy

I. Scope

This policy covers all faculty, administrators, staff, enrolled students (collectively “IWU Associates”), and alumni, family members, donors, potential donors, volunteers, friends of the University, and other travelers (collectively “Non-IWU Associates”) participating in University-sponsored domestic and international travel. For purposes of this policy, University-sponsored travel shall be defined as any travel utilizing approved IWU human, technological, intellectual, budgetary, and/or other resources/assets. This policy does not apply to domestic and international travel for purposes of vacation, leisure, study, or work outside the scope of University employment or academic programs.

II. Policy Statement

Travel that involves going 75 or more miles from campus and/or including an overnight stay, or involving international travel, requires supervisory and risk management review and approval.

III. Reason for Policy

The framework for the Off-Campus Travel Policy is built around the University’s legal duty to act toward those traveling under its authority with vigilance, caution, and prudence. Accordingly, all IWU Associates initiating off-campus travel have an obligation to make itineraries, transportation, lodging, excursions, meals, supervision, learning experiences, and other arrangements relatively free from predictable harm.

This duty of care also includes keeping informed of destination conditions, both prior to departure and during travels, having effective communication systems in place, ensuring adequate emergency response services are available, making sure travelers are knowledgeable of potential destination risks, and careful selection of trip participants.

IV. Procedures

Travel Guidelines

Travel Approvals and Registration
1. Travel that involves students going 75 or more miles from campus and/or including an overnight stay, or involving international travel, requires supervisory and risk management review through the Off-Campus Activities (OCA) Travel Registration, located on the IWU Portal’s Risk Management page under Off-Campus Travel. This should be completed at least two weeks prior to departure, and prior to advertising or promoting group travel to students and/or incurring expenses that cannot be reimbursed.
  1. University groups whose purpose necessitates frequent travel throughout a semester and/or academic year (e.g. athletic teams, music groups, Admissions recruiters) should have alternate processes for Travel Registration, Release forms and archiving established in coordination with the Office of Risk Management and Legal Affairs.
2. International travel arising out of an employee’s position also requires OCA Travel Registration. Proposed travel to a country under a U.S. government-issued travel warning or health notice is subject to the policy provisions listed in II(E). This should be completed at least two weeks prior to departure and/or incurring expenses that cannot be reimbursed.
3. As part of the OCA Travel Registration process, all domestic (U.S.) travelers are required to submit a brief itinerary of their travel, with geographic location. All international travelers are required to submit in-country geographic locations, flight itineraries, and a copy of their passport.
4. As part of the OCA Travel Registration process, all domestic (U.S.) travelers are required to read, understand, and sign the Domestic Travel Release. All international travelers are required to read, understand, and sign the International Travel Release, also available on the Risk Management Portal page under Releases. Travel that falls under the Elevated Warnings category as outlined in II(E) will have additional requirements.
Travel Insurance Requirement
1. All individuals traveling internationally on University-sponsored trips or under the auspices of University employment are required to purchase travel insurance through the Office of Risk Management and Legal Affairs. This travel insurance provides a basic level of medical insurance, evacuation coverage, and trip delay benefits. This process is set in motion with submission of the OCA Travel Registration outlined in II(A)(1).
2. Students participating in programs sponsored by approved University partners and/or third-party providers should obtain verification and approval from the Office of Risk Management and Legal Affairs that the travel insurance coverage offered is at least as comprehensive as IWU’s plan.
Requirement to Register International Travel with the State Department
1. In addition to registering travel plans in the University’s Off-Campus Application Travel Registration system, international travelers are required to register their travel plans with the U.S. Department of State, by enrolling in the Smart Traveler Enrollment Program (STEP) at https://step.state.gov. This link is also provided on the Risk Management and Legal Affairs Portal page under Related Links and Off-Campus Travel.
  The STEP is a service provided for U.S. citizens that allows consular officers in U.S. embassies and consulates to contact IWU Associates and their loved ones with real-time country-specific information, including Travel Warnings, Travel Alerts and Health Notices.
2. IWU Associates traveling abroad that are not U.S. citizens should check with an embassy from their home country for available traveler services.
Medical Requirements
1. As part of the OCA Travel Registration process for international travel, all students must complete the International Travel Health Verification Form, available upon completion of the OCA Travel Registration. This form must be reviewed and certified by a licensed health care provider and returned to the Global Engagement Office. The discrete use of this form will help authorized University personnel determine whether special considerations and/or accommodations may be needed during the trip. The health information provided will be retained as a confidential student record and will only be released to those with a compelling need to know in the event of an emergency.
2. At no time may an IWU student be left in a travel location due to a medical condition. A hospitalized or otherwise incapacitated student traveler must be accompanied by a trip leader at all times, with the trip leader serving as a communication liaison and overall healthcare advocate for the patient.
  1. Any exception to this requirement needs Risk Management review and ultimately, Executive Leadership approval. Executive Leadership is defined in II(E)(3)(b)(ii).
Travel Restrictions
1. Countries Under U.S. Economic and Trade Sanctions
  The U.S. Government Office of Foreign Assets Control (OFAC) issues economic and trade sanctions against countries to accomplish foreign policy and national security goals. Insurance carriers are prohibited from paying claims incurred within these countries without special licenses from the Department of the Treasury. This means that the University’s Foreign Insurance Package carrier cannot pay for general liability, personal injury claims of others, damages to rented premises, auto accidents, and/or medical expenses for travelers arising from bodily injury by accident and/or disease, unless both the University and the insurance carrier have each obtained a special license from the Department of the Treasury.
  
  The extra cost associated with the license and adding an insurance endorsement back on to the Foreign Package shall be borne by the traveler’s sponsoring unit(s) and will be contingent upon the number of travelers, the country, and the number of days in the country. Travelers planning to travel to an OFAC sanctioned country should notify the Office of Risk Management and Legal Affairs a minimum of six (6) months prior to travel to accommodate government license processing times. See more information in IV.E that follows. This list of sanctioned countries can be found here: http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx.
2. U.S. Government-Issued Travel Warnings and Health Notices
  1. Travel warnings are issued by the U.S. Department of State (“State Department”) when sustained risks are present in a country, such as government instability, civil war, ongoing intense crime or violence, frequent terrorist attacks, or the U.S. Embassy’s ability to assist American citizens is limited or nonexistent. This list can be found here:
  2. The Center for Disease Control (“CDC”) also issues travel health notices when widespread, serious outbreaks of a disease represent a significant public health concern. This list can be found here: http://wwwnc.cdc.gov/travel/notices.
  3. For purposes of this policy, IWU defines the travel warnings and health notices issued by these government agencies as falling into two categories of severity -- Critical Warnings and Elevated Warnings.
    1. Critical Warnings are U.S. Government-issued travel warnings and health notices that do any of the following:
      - orders departure of U.S. dependents and non-emergency personnel;
      - recommends that any U.S. citizens remaining in the country should depart;
      - strongly warns U.S. citizens against travel to the country;
      - warns or urges U.S. citizens to defer (non-essential) travel to the country; or,
      - warns that the U.S. Embassy’s ability to provide emergency consular services is limited.
    2. Elevated Warnings are U.S. Government-issued travel warnings and health notices that serve to:
      - warn U.S. citizens of the (risks, dangers, or potential risk or danger) of travel to the country;
      - urge U.S. citizens to evaluate carefully their security and safety before traveling to the country;
      - warn (caution) U.S. citizens to consider the risks of travel to the country;
      - caution U.S. citizens to take prudent security measures;
      - urge (warn) U.S. citizens to weigh the necessity of travel to the country; or,
      - urge U.S. citizens to exercise extreme caution.
      - There is no other viable location (non-travel warning country) possible in which to hold the program and to achieve the learning outcomes desired, or to conduct the activity/event.
      - The program of study has a long-standing relationship (five plus years) with an in-country partner that has effectively demonstrated that it provides for the health and safety of all IWU travelers, AND, all locations on the itinerary have been personally vetted by authorized IWU faculty and/or administrators within the last two (2) years prior to the departure date.
      1. If a trip leader believes that the proposed trip meets one or more of these criteria, and has received supervisory approval on the Off-Campus Activities Travel Registration, a Travel Warning Country Petition is required. This petition is available on the Risk Management Portal Page under Off-Campus Travel. Petitions will receive preliminary review by a Risk Management task force.
      2. The petition task force will make a recommendation to an Executive Leadership Committee, comprised of the University Provost, the Chief Financial Officer, and the respective Chancellor from where the petition originated. This executive leadership committee will have the final decision in all petition-related decisions.
      3. If a petitioned trip is approved by the Executive Leadership Committee, it may be granted with conditions and additional review requirements closer to the departure date, travel restrictions, and additional participant requirements. All trip participants are required to read, understand, and sign the Special Release of Legal Claims and Assumption of Risk for Travel to a Country Under a Travel Warning. This form, due to the individual nature of each approved petition, is only available from the Office of Risk Management and Legal Affairs.
  4. Bodily injury claims arising out of travel warning countries are often excluded from coverage under the University’s Foreign Insurance Package when those injuries are the result of declared or undeclared warlike actions or hostilities. Endorsements adding bodily injury back on the Foreign Package coverage are available, with the endorsement cost being borne by the traveler’s sponsoring unit(s).
  5. IWU Associates cannot be required to participate in programs, activities, or events under University auspices, academic or otherwise, in a country under any type of government-issued travel warning.
  6. An IWU Associate that is a foreign national returning to his/her home country is exempt from the travel warning restrictions of this section; however, the individual is still required to purchase University travel insurance for University-related travel.
University Right to Modify or Cancel Travel
1. IWU maintains the right and sole discretion to restrict, deny, cancel, or postpone off-campus courses, activities, or other travel, prior to departure or in progress. When possible, the University will attempt to identify an alternative travel location and/or reimburse program costs that are not already paid by or reimbursed to the University; however, refunds are not guaranteed and personal financial loss may result.
Participation by Non-IWU Associates
Occasionally individuals who are not currently enrolled IWU students, staff, or faculty may seek to participate in IWU off-campus trips. While this is usually not encouraged, the following conditions must be met for consideration:
1. Non-IWU Participant Criteria
  1. Leadership Approval: The highest level administrator over the unit sponsoring the travel must approve the participant(s).
  2. Academic: Groups participating in University programs or service opportunities must be comprised of individuals whose primary objective is learning and serving, not leisure. The Non-IWU Associate’s presence on the trip cannot disrupt or alter the desired outcomes specified for the trip or displace a matriculated IWU student taking the course for credit.
  3. Financial: IWU students must not subsidize the travel costs of Non-IWU Associates and the University may not assume additional expense to accommodate the Non-IWU traveler(s). Also, in accordance with III(B)(3), earned “bonus” or free tickets may not be used for family members.
  4. Liability: All individuals accompanying a University-sponsored trip must be officially known, registered within the Off-Campus Travel Registration system (II.A.1-4), vetted through a qualifying background check, and approved by program leadership. All participants must also follow the guidelines and parameters of IWU-run programs, read, understand, and sign the applicable Domestic or International Travel Release (available on the Risk Management Portal page under Off-Campus Travel or Releases), and purchase IWU travel insurance before departure (see II.B.). Travel by Non-IWU Associates to countries under a U.S. Government-issued travel warning is not permitted.
  5. Ethos: All group participants must be compatible with IWU’s ethos and be willing to abide by the Community Lifestyle Standards http://www.indwes.edu/HR/Employment-Standards-and-Community-Lifestyle-Statement/.
2. Eligible Non-IWU Participants
  1. The spouse of the trip leader
  2. The child(ren) of a trip leader may be eligible provided the trip leader’s highest level supervisor and Risk Management approve. The trip leader must provide an adequate contingency plan for the care of the child(ren) to ensure University work is not hampered. The contingency plan may not incorporate the use of students and/or other IWU trip leaders as caregivers.
  3. Guests invited by the University (e.g. friends of the University, alumni, current/potential donors, volunteers) may be eligible, provided the trip leader’s highest level supervisor and Risk Management approve.
3. Academic Class Enrollment
  1. In accordance with the IWU Catalog, individuals accompanying academic trips (travel classes/semester abroad) must officially apply to and enroll in the program, paying all associated tuition, audit, and/or course fees.
  2. Exceptions to the enrollment requirement on academic trips may be considered based upon the following:
    1. The proposed traveler has expertise that may enhance the desired learning or activity outcomes in one or more of the following areas:
      - Specialized skills or advanced knowledge required for the trip;
      - Significant in-country experience (minimum of 6 months continuous);
      - In-country language proficiency / translator services; and,
      - Providing assistance to an individual with disabilities, as part of an ADA accommodation
    2. Extra supervision is needed due to group size
    3. The individual is needed to provide childcare at the parent’s expense
    4. Important donor cultivation (Chief Advancement Officer’s approval is needed as well)
  3. All exceptions must be approved by the trip leader’s highest level supervisor in consultation with Risk Management.
Pre-Trip Orientation
1. All students traveling abroad must participate in two pre-trip orientations – a Program Orientation and a Risk Management Orientation:
  1. Program Orientation: At a minimum, trip leaders are required to orient trip participants on the following topics: academic requirements and expectations, cultural awareness, language, geography, history, political climate, religious structures, essential travel documents (visas, passports, etc.), itinerary, transportation, packing/luggage specifications, lodging, meals, finances, and communication options.
  2. Risk Management Orientation: At a minimum, the Office of Risk Management and Legal Affairs will provide the following content to individuals traveling abroad: emergency protocols and contacts, incident reporting, travel document safeguards, pre-trip and destination medical and health information, travel insurance overview, supplemental insurance overviews, financial risks, applicability of IWU policies and host rules, alcohol/drug warnings, destination law overview, travel safety, government trip registration, and resources to obtain further information.
2. While the Program Orientation is only a requirement for students traveling abroad, IWU employees and other individuals traveling internationally are recommended to attend the Risk Management Orientation and view the Safe Passages Travel video prior to departure, found on the Risk Management Portal page under Off-Campus Travel.

PROGRAM ADMINISTRATION GUIDELINES

Disclosure Requirement for Promotional Materials
1. All promotional materials (print, electronic, or other medium) generated by or on behalf of IWU for University-sponsored travel shall contain the following statement:
Partner Agreements and Signature Authority
1. If an IWU Associate desires the services of a partner organization for significant aspects of the program (lodging, meals, transportation, security etc.), a Memorandum of Understanding should be used to clarify the roles and responsibilities of both the University and the partner, as well as spell out important liability conditions. While all MOUs are different based upon the uniqueness of the partnership, the sample Memorandum of Understanding (available on the Risk Management Portal page under Contracts) will serve as an effective template in drafting the document. All final MOUs must be reviewed by the Office of Risk Management and Legal Affairs prior to signature.
2. IWU Associates may not enter into contractual agreements with outside third-party providers without the consultation, review, and approval of the Office of Business Affairs. In accordance with the University By-Laws, only the Chief Financial Officer is permitted to enter into contracts, agreements, MOUs, and Letters of Intent with outside parties unless specific written delegated signature authority is granted.
Financial Requirements
1. All academic trips must be financially self-sustaining and include all faculty expenses.
2. Faculty submitting a Travel Class Proposal must include a thorough and accurate Travel Class budget, including, but not limited to the following:
  - Airfare
  - Baggage fees, Airport Tax, and Visa (if applicable)
  - Travel to/from Airport (unless group is meeting at airport)
  - Meals in Transit (if applicable)
  - In-Country Housing, Meals, and Transportation
  - In-Country Expenses Relevant to Course Objectives (not including personal expenses)
  - IWU International Travel Insurance (medical/evacuation; approximately $40 per four-week period)
  - Contingency Fund
  - Applicable background checks (see III.D.)
  - Applicable IWU fees (e.g. Global Engagement Fee for IWU Marion students)
3. Trip leaders must maintain a record of itemized program expenses with receipts in the event a post-trip audit is requested.
4. It is preferred that all in-country expenses be wired to applicable third party providers as opposed to trip leaders traveling with large amounts of cash; however, trip leaders will need to travel with some cash as well as an IWU credit card. Trip leaders should work with Procurement Services to make the credit card company aware of the travel destination to help ensure the credit card company’s fraud protection services do not block card charges.
5. IWU Marion Student Account Services will serve as the collection point for all IWU Marion pre-trip account deposits and for the return of unused post-trip funds. National & Global trip costs are included in course fees and are handled by National & Global Student Account Services. Employees outside of Student Account Service offices are not permitted to collect money for trips.
6. “Bonus” tickets or free tickets earned from group travel discounts may not be used for spouses or family members accompanying the trip. The cost of the bonus ticket should be excluded from the group purchase price in order to reduce the overall cost for all participants.
7. It is the responsibility of the trip leader to coordinate flight arrangements with a professional travel agent.
8. Should a student be removed or have to withdraw from a travel class for any reason, the student is responsible for all expenses incurred on his/her behalf up to the time of removal/withdrawal. This includes, but is not limited to, airfare, deposits made for in-country accommodations, applicable university fees, etc.
9. Students may be eligible to receive institutional and non-institutional financial aid for travel classes and should check with their respective financial aid office (IWU Marion/IWU National & Global) for further details.
10. Program funds may not be used to pay for activities with a high degree of risk (e.g., bungee jumping, hot air balloons, rock climbing, cliff diving, white water rafting, zip lines, etc.).
11. All fees, excursions, and additional costs must be advertised to students prior to departure.
12. Academic divisions may be held responsible for travel class accounts that end in deficit.
13. Gift Acceptance for Student Trips
  1. Gifts given for short-term mission trips taken by students will be receipted to donors with the understanding that the gift is given for the purpose of these trips and will not be refunded if a particular student does not participate or if a particular trip is cancelled.
  2. Money given for the purpose of other types of academic trips is not eligible for tax deductible receipting as the student is receiving academic credit or personal benefit from the trip.
14. IWU Associates travelling domestically or internationally, who will incur expenses to be paid or reimbursed by the University, must follow the Travel and Entertainment Policy, found on the Risk Management Portal page under Policies. All travelers are responsible for familiarizing themselves with this policy prior to incurring expenses.
  1. Per diems for U.S. locations can be found at www.gsa.gov/perdiem, while per diems for international locations can be found on the U.S. Department of State website at http://aoprals.state.gov/web920/per_diem.asp.
15. IWU Associates traveling internationally should also be familiar with the Foreign Corrupt Practices Act provisions contained within this Off-Campus Travel Policy (see II.E.1.a and IV.E.4.a).
Criminal Background Checks
1. As part of IWU’s duty of care obligations to mitigate risk during University-sponsored travel, background checks must be performed by the Human Resources Department (HR) on the following individuals, unless a current background check is on file with HR:
  1. all IWU and Non-IWU Associates who are responsible for the supervision or care of minors (those under 18 years of age), or whose duties would require close contact with minors during the course of their University travels (per the Protection of Minors Policy); and,
  2. all individuals, 18 years of age or older, not living in University housing, that are proposed to accompany IWU travel.
2. For purposes of this policy, a “current” background check is defined as a background check that was successfully passed within two (2) years of the travel departure date, which includes at a minimum, the screening results from the National Criminal Database, the National Sex Offender Registry, a Social Security Number (“SSN”) trace and validation, and seven (7) years of Criminal Felony and Misdemeanor checks from all counties (as revealed by the SSN trace).
3. Trip Leaders are responsible to report Non-IWU Associates as participants on the Off-Campus Activity Travel Registration (see II.A.), and the Office of Risk Management and Legal Affairs will provide the information necessary to complete the background check through HR, including payment instructions. The cost for the background check is not assumed by the Office of Risk Management and Legal Affairs.
4. Background checks that reveal convictions will be reviewed by Risk Management, Human Resources, the Chief Financial Officer, and the respective Chancellor to determine eligibility of the individual for University travel.
Disability Accommodations in Study Abroad Programs
1. IWU does not discriminate on the basis of disability in the admission of students to its study abroad programs and makes reasonable accommodations for individuals with disabilities who are otherwise qualified to participate in its programs and activities. While the Americans with Disabilities Act mandates equal access for individuals with disabilities, the law does not govern accessibility standards in other countries. Consequently, accommodation requests which may be reasonable in a domestic context may not be available internationally in light of available resources. Upon request from an individual with disabilities, IWU faculty and staff will work collaboratively with the individual to determine the availability of a reasonable accommodation. It should be noted, however, that international accommodations cannot be guaranteed in all situations.

Risk Management and Legal Affairs Guidelines

Emergency Procedures
1. Prior to departing on off-campus travel, IWU Associates must be familiar with the emergency procedures for their destination and must complete the respective emergency contact numbers form containing destination and IWU contact information. The emergency procedures and emergency contact documents are available on the Risk Management Portal page under Off-Campus Travel, and must be used together during crisis situations.
  1. For trips within the United States, travelers are required to utilize the Domestic Travel Emergency Procedures for appropriate protocols during various types of crisis situations. It is vital that these emergency procedures be used with the Domestic Emergency Contacts document, which must be completed in its entirety prior to departure.
  2. For international trips, travelers are required to utilize the International Travel Emergency Procedures for appropriate protocols during various types of crisis situations. It is vital that these emergency procedures be used with the International Emergency Contacts document, which must be completed in its entirety prior to departure.
2. To facilitate effective communication with IWU while traveling internationally, trip leaders, and employees traveling abroad, are required to possess a cellular phone with international coverage.
3. In all cases, IWU’s 24-hour Campus Police Office may be used to notify the University of emergencies during off-campus travel. Campus Police will then notify an on-call representative of the Office of Risk Management and Legal Affairs, who will contact the appropriate parties as part of the campus incident response.
Incident Reporting Requirements
Trip participants that experience a crisis situation while traveling are required to report the incident online at: http://www.indwes.edu/IncidentReport/. The completed Incident Report serves as important documentation for the University to monitor the well-being of its travelers, to gather information for possible insurance claims, to initiate various crisis responses and support services, and to possibly fulfill Clery Act reporting requirements.
International Transportation
1. Whenever possible, IWU Associates should utilize vetted and licensed transportation providers while traveling abroad. Variances in traffic laws, terrain, traffic patterns, road/highway systems, vehicles, and areas of safe operation often create significant risks and liabilities that can be mitigated by the use of appropriate in-country providers.
2. If an IWU employee desires to rent a vehicle internationally, or drive an IWU-owned vehicle outside of the United States, the following protocols must be followed:
  1. the employee must be licensed and legally eligible to operate a motor vehicle;
  2. the employee must contact the Office of Risk Management and Legal Affairs to see if a supplemental driver ID card is required;
  3. if outside the U.S., additional insurance should be purchased through the vehicle rental company to supplement University rental insurance; and,
  4. in the case of an accident, after assuring all individuals are safe, utilize the IWU Accident Procedures, available on the Risk Management Portal page under Incident Reporting, for information gathering guidelines and appropriate contacts. If a rental vehicle is involved, notification to the rental company is also required.
3. IWU Marion education students are not permitted to operate vehicles while studying abroad.
Legal Affairs with University Policies and Destination Laws
1. Regardless of the travel destination, IWU Associates are bound to the applicable University policies maintained on IWU websites and in the Faculty Handbook, the Administrative and Hourly Staff Handbook, the Student Handbook, and the Community Lifestyle Standards. These policies specifically include Standards of Conduct, including, but not limited to, Anti-Discrimination, Anti-Harassment, Non-Violence, Drug-Free Workplace, and Protection of Minors.
2. IWU Associates are expected to be familiar with and abide by the laws of the travel destination. In situations where law permits activities and/or behaviors prohibited by IWU Community Standards, IWU Community Standards prevail and must be followed.
3. IWU will not be responsible for the violation of any laws and/or customs by trip participants.
Legal Affairs with U.S. Laws Governing International Activities
1. IWU Associates engage in various international activities, including, but not limited to attending conferences abroad, teaching, research, presenting, entering into academic and administrative agreements for services or agreements to provide goods outside the U.S., making payments to foreign entities or individuals, setting up overseas programs, and co-publishing scholarly articles. IWU employees should be knowledgeable of the following U.S. laws and regulations to ensure Legal Affairs during their international activities.
2. Economic Sanctions
  1. The U.S. Office of Foreign Assets Control (OFAC) has imposed economic sanctions against certain countries and persons. In most cases, the sanctions prohibit or severely limit imports, exports, and transactions with the embargoed countries and their residents, without a specific U.S.-issued license. This often includes various types of technology brought into the countries.
  2. Economic sanctions are currently in effect against: the Balkans (Serbia), Belarus, Burma (Myanmar), Cote d’Ivoire, Cuba, the Democratic Republic of the Congo, Iran, Iraq, Lebanon, Liberia, Libya, Somalia, Sudan, Syria, Yemen, and Zimbabwe. As the list changes at times, it is advisable to check the country-specific sanctions on the U.S. Treasury’s website: http://www.treasury.gov/resourcecenter/sanctions/Programs.
  3. OFAC can also designate persons and companies as “Specially Designated Nationals” (“SDNs”), which are entities within sanctioned countries that are subject to the same prohibitions as their countries. OFAC maintains a list of SDNs at www.treas.gov/offices/enforcement/ofac/sdn/.
  4. IWU employees that are proposing travel to sanctioned countries or proposing agreements with entities in sanctioned countries should work with the Office of Risk Management and Legal Affairs to determine whether the activities can progress in light of the OFAC restrictions.
3. Antiboycott Laws
  1. The 1977 amendments to the Export Administration Act (EAA) and the Ribicoff Amendment to the 1976 Tax Reform Act (TRA) prohibit IWU and its employees from participating in unsanctioned boycotts, such as the Arab League boycott of Israel. Conduct that may be penalized under the TRA and/or prohibited under the EAA includes:
    1. Agreements to refuse or actual refusal to do business with or in Israel or with blacklisted companies;
    2. Agreements to discriminate or actual discrimination against other persons based on race, religion, sex, national origin or nationality;
    3. Agreements to furnish or actual furnishing of information about business relationships with or in Israel or with blacklisted companies; and,
    4. Agreements to furnish or actual furnishing of information about the race, religion, sex, or national origin of another person.
  2. IWU employees are prohibited from entering into agreements with unsanctioned boycott provisions, and must report boycott requests to the Office of Antiboycott Legal Affairs within the Department of Commerce.
4. Foreign Corrupt Practices Act (FCPA)
  1. The offer or payment, or even the promise to pay, anything of value to a foreign official (or official’s family members) for the purpose of doing business or gaining an unfair advantage is a violation of the Foreign Corrupt Practices Act. Even taking a foreign official to dinner could be considered a violation of the FCPA if the intent of the dinner was to influence a business decision. IWU employees contemplating giving anything of value to a foreign official should consult with the Office of Risk Management and Legal Affairs to see if the payment fits within one of the Act’s few exemptions.
5. Export Control Laws
  1. The Commerce Department Export Administration Regulations (EAR) and the State Department International Traffic in Arms Regulations (ITAR) apply to:
    1. the transfer of specified items or information to people or entities outside the U.S.;
    2. the disclosure of certain information to certain foreign nationals inside the U.S. (aka "deemed export");
    3. the training or offering of services involving controlled equipment or information to foreign nationals; and
    4. transactions with, or providing services to, certain foreign countries or individuals who are on embargo lists.
  2. Research and teaching activity at IWU typically falls within one or more of the following exemptions to the EAR and ITAR regulations:
    1. The fundamental research exclusion exempts from coverage basic and applied research in science and engineering performed by institutions of higher learning in the U.S. as long as the research is carried out openly and without restrictions on publication or access to or dissemination of the research results.
    2. The education exclusion exempts from export controls the sharing of information commonly taught in colleges and universities (ITAR) or educational information released by instruction in catalog courses and associated teaching laboratories (EAR). Therefore, in general, no license is required to share information as part of a course being taught. Note, however, that the education exclusion does not apply to proprietary information and certain information deemed classified or sensitive by the federal government.
    3. The public domain exclusion exempts the sharing of technical data or information with a foreign national inside the U.S. as part of a class, laboratory, or conference or seminar, if the same technical data or information has already been widely published or is available in libraries or through newsstands, bookstores, subscriptions or free web sites or is disclosed in published patent applications.
  3. Most items and information a university researcher wants to physically export outside the U.S. will not have a "dual use" or military application and should therefore, fall under a broad exception to the licensing requirement. However, if the item or information involves one or more of the following general categories, check the Export Administration Regulations Database http://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear and consult with the Office of Risk Management and Legal Affairs for assistance in determining if a license might be necessary:
    1. nuclear materials, information and equipment;
    2. chemicals, micoorganisms or biotoxins (see list) which could be used for terrorist purposes;
    3. materials processing (anti-friction bearings, crucibles made of materials resistant to liquid actinide metals, valve bearings, generators and equipment related to nuclear material handling, piping, fittings and valves, explosives or detonators, chemical vapor deposition furnaces, robots, etc.);
    4. electronics development (certain components, including microprocessor microcircuits, wave pulse discharge capacitors, wave tube amplifiers, etc.);
    5. computers (generally, CTPs bigger than 190,000 MTOPs), encryption software, telecommunications and information security;
    6. lasers and sensors (certain marine acoustic systems, mono- or multispectral imaging sensors designed for remote sensing, specified direct view imaging equipment, certain cameras with specified frames, readout and pixels, etc.);
    7. navigation and avionics; marine items; and
    8. propulsion systems, space vehicles and related equipment.
6. Declaration of Currency / Monetary Instruments
  1. There is no limit on the amount of money that can be taken out of or brought into the United States; however, upon reentry into the U.S., any amount equal to or above $10,000 must be declared with Customs and Border Protection (CBP).
  2. If a traveler fails to declare his/her monetary instruments in amounts of over $10,000, the monetary instrument(s) may be subject to forfeiture and could result in civil and criminal penalties. IWU travelers who fail to declare money that has been advanced or otherwise given by the University for the trip, are responsible for reimbursing the University for the money seized by CBP.

V. Related Information

References: 1977 amendments to the Export Administration Act (EAA) and the Ribicoff Amendment to the 1976 Tax Reform Act (TRA); Commerce Department Export Administration Regulations (EAR) and the State Department International Traffic in Arms Regulations (ITAR); Foreign Corrupt Practices Act; Americans with Disabilities Act; Clery Act; Standards of Good Practice for Education Abroad (FoEA); IWU Catalog