What is Restricted Party Screening (RPS)?
The United States government and its export regulations restrict or prohibit U.S. individuals and companies from exporting or providing services of any kind to any party contained in U.S. government export denial, debarment, and blocked persons lists. These lists are updated on a regular basis. A restricted party screening involves a review of these lists to ensure that the person or entity with whom you are interacting is not on one of these lists.
E2Open is a web-based export compliance tool that integrates multiple regulatory requirements into one seamless automated system. The system is used by Office of Research Compliance & Security (ORC&S) to:
- Conduct Restricted Party and Specially Designated Nationals Screening,
- Search current Federal Export Control Regulations and Sanctions,
- Determine ECCN and USML categories of specified hardware,
- Determine exemption, exception, exclusion or licensing requirements,
- Screen export-controlled hardware on campus.
Mississippi State University utilizes the RPS for the screening of all foreign graduate school applicants, official visitors to the university, foreign travel, HPC2 computer accounts, MSU sponsored H-1Bs, material transfer agreement, technology control plans, international shipping, and various guests to the University. The RPS is performed by ORC&S and any negative results are reported back to the respective college and department personnel. The receiving party of the RPS results from ORC&S is required to acknowledge the information in writing (an e-mail is sufficient) prior to any action being taken by ORC&S.
Graduate School RPS Process
ORC&S receives an e-mail notification of an application requiring review in the MSU Banner Workflow system. An RPS is performed utilizing the applicant’s name and country of nationality. Any Negative results of the RPS are sent to the respective College Dean, Associate Dean for Research and/or Graduate Studies, the respective College Graduate coordinator, Department Head, Department Graduate Coordinator, and the Graduate School. The results are sent via e-mail with a request for acknowledgment to be sent back to ORC&S. When the ORC&S receives the acknowledgement, the graduate application is approved in the Workflow system and forwarded.
Official Visitor Agreement (OVA)
The RPS for the OVA is initiated when ORC&S receives the OVA package from appropriate personnel. Any negative results are sent via internal MSU e-mail to the respective Department Head and sponsoring individual named in the OVA package. The e-mail requests a written acknowledgement of the RPS information. The acknowledgement serves as confirmation that the respective department is aware of the export compliance with the individual(s) and will take the appropriate actions to ensure compliance with the applicable U. S. laws and regulations. When the acknowledgement is received the OVA will be signed off by appropriate approval authority, then the OVA package is submitted to the International Institute.
Due to heightened government security and export laws and regulations concerning university research and activities, RPSs are completed to help reduce foreign travel risks as well as provide safety awareness while travelling abroad.
HPC2 and Non-HPC2 Funded Computer Accounts
An RPS is completed on all HPC2 Computer Accounts/Requests and the results sent via e-mail to the HPC2 IT personnel. A country is provided by HPC only for Non-HPC2 Funded Computer Accounts requests.
MSU Sponsored H-1Bs
An RPS is completed for Human Resources on all MSU sponsored H-1B Applicants. The Department of Homeland Security amended the I-129 adding a section (Part 6) that introduces export control, namely the deemed export issue into the visa process. A deemed export is the legal concept that the release of certain controlled data, information, technology, etc. to a foreign national employee within the U.S. is “deemed” an export to the employee’s home country. The new section in the I-129 requires that we, MSU, provide information on whether or not the applicant will have access to controlled data, information or technology as defined by the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) during their employment and possibly requiring a license. Therefore, an email is sent to the respective department of the H-1B Applicant to acknowledge if applicant will have access to controlled data, information, or technology.
Material Transfer Agreement (MTA)
MTAs generally reflect the fact that one of the parties has a proprietary interest in the Material and the other party intends to use the Material for his/her own research purposes. Prior to sending the agreement internationally for signature, a RPS is completed for Office of Sponsored Projects.
Technology Control Plans (TCPs)/Non Disclosure Agreements (NdAs)
When a TCP is created for a controlled project awarded to MSU, all employees who are going to be working/charging to that contract must be vetted. A RPS is done on each employee prior to signing the TCP/NdA for a controlled project.
Individuals engaging in international shipments should contact the ORC&S before shipment occurs. For items that are to be exported, either temporarily or permanently, an export classification for items shipped and RPS is completed.
Requests from other departments to do a RPS for visitors from other countries (collaborations, discussions, short-term housing, guest speakers, campus tours, etc).