To report a potential conflict of interest at Georgia Tech, use the following methods:

• Self-Reporting: Enter your disclosures into the ServiceNow Disclosure System. This is the primary method for reporting any external activities that might conflict with your Institute responsibilities.
• Procurement Process: Use the WorkDay system to report conflicts that may arise in the context of procurement processes, such as during the submission of a purchase order

These various methods ensure that conflicts are appropriately logged and managed, maintaining the integrity of Georgia Tech activities. 

For additional information on disclosures and conflicts of interests, please visit: https://ethicsfirst.gatech.edu/disclosures.

To report a potential conflict of interest at Georgia Tech, use the following methods: 

Self-Reporting: Enter your disclosures into the ServiceNow Disclosure System. This is the primary method for reporting any external activities that might conflict with your Institute responsibilities. 

Procurement Process: Use the WorkDay system to report conflicts that may arise in the context of procurement processes, such as during the submission of a purchase order. 

Grant Submission: Disclose any potential conflicts via the eRouting system, which is specifically designed for grant-related activities. 

These various methods ensure that conflicts are appropriately logged and managed, maintaining the integrity of Georgia Tech activities.

This situation presents a potential conflict of interest that needs to be disclosed. Please report this consulting relationship and the potential sponsorship using the ServiceNow Disclosure System. 

The Conflict of Interest (COI) team will assess the details of your consulting relationship and proposed research sponsorship to prevent conflicts affecting the impartiality of your research and provide guidance to comply with applicable policies and ethics requirements.

For additional information on disclosures and conflicts of interests, please visit: https://ethicsfirst.gatech.edu/disclosures.

No. OGC via its Legal Affairs unit provides legal services to Georgia Tech as an educational institution and cannot provide legal advice or representation to individual Georgia Tech students, faculty or staff on personal matters. 

For Georgia Tech Employees: If you are a Georgia Tech employee seeking personal legal representation, you may contact the State Bar of Georgia at 404-527-8700 for assistance in finding an attorney. 

For Georgia Tech Students: Georgia Tech students needing legal representation for personal matters can schedule an appointment with an external attorney through the GT Student Government Association (SGA) Legal Advising Scheduler. 

• Note: Attorneys provided via the SGA Legal Advising Scheduler do not work for Georgia Tech and provide their services pro bono.

In this instance, you should report this as a potential conflict of interest using the ServiceNow Disclosure System. The financial interest in a company operating in the same field as your research project could impact the objectivity of your work. 

After disclosure, the Conflict of Interest (COI) team will evaluate the situation and suggest measures to manage or mitigate the conflict, ensuring the integrity of your research and compliance with ethical standards.

For additional information on disclosures and conflicts of interests, please visit: https://ethicsfirst.gatech.edu/disclosures.

For guidance on speaking up and reporting ethical violations concerns at Georgia Tech, please visit the Ethics and Compliance website. 

EthicsPoint provides an anonymous third-party service for reporting concerns about fraud, waste, or abuse at Georgia Tech. Report any suspicions promptly via the EthicsPoint portal or by calling 866-294-5565. 

For emergencies, contact the Georgia Tech Police Department at 404-894-2500, or dial 911.

For assistance with or questions about Affiliated Organizations at Georgia Tech, please visit our Affiliated Organizations team page at <*Insert Affiliated Organizations team webpage link*>. 

Affiliated Organizations, a unit within the Office of General Counsel (OGC), provides guidance and manages collaborations between the Institute and its thirteen Affiliated Organizations (also known as known as Cooperative Organizations. 

Also, unless otherwise noted, contracts for affiliated organizations are often managed by Affiliated Organizations or their external legal representatives. 

For more information on Affiliated Organizations, please visit: https://generalcounsel.gatech.edu/affiliated-organizations.

Politely request the agent to present their credentials and identification and write down their name and badge details. Request the agent to wait in a neutral area away from any Georgia Tech confidential, proprietary, or export-controlled information. Please immediately contact the Office of General Counsel at 404-894-4812 before responding to any questions.

For assistance with or questions about managing risks with Institutive initiatives at Georgia Tech, please visit our Enterprise Risk Management team page. 

Located in the Office of General Counsel (OGC), Enterprise Risk Management, offers guidance and works with key Georgia Tech stakeholders to identify and address potential risks that could pose challenges to realizing Georgia Tech’s strategic goals and institutional initiatives. 

For more information on Enterprise Risk Management, please visit our Enterprise Risk Management team page.

If approached by the media for comments on Georgia Tech projects or matters related to Georgia Tech, promptly redirect them to Institute Communications (IC). A designated representative from Institute Communications will manage the inquiry. 

For guidance and more information on navigation media and public relations at Georgia Tech, please visit IC website. 

For media and public relations assistance, please contact the IC Media Relations Team.

Legal Affairs manages a wide range of agreements including Academic Program and Procurement-related NDAs, Academic Collaboration Agreements, Equipment Loan Agreements, Facility Use Agreements, International Agreements, Performing Arts Agreements, Filming Agreements, and Image Releases and Waivers. If you have specific questions or need assistance with these agreements, please contact us at Ask Legal.

The Georgia Open Records Act (ORA) is a state law ensuring public access to state agency records. As a public educational institution in Georgia, Georgia Tech is subject to ORA, which means that all citizens have the right to view and copy the Institute's records upon request. This facilitates transparency and accountability in public institutions. 

For additional information and guidance on the Georgia Open Records Act, please visit IC website and refer to the GT Open Records Act Policy.

If you receive a request under the Open Records Act (ORA) for Georgia Tech records, please immediately forward the request to the Institute Communications' Open Records Officer at openrecords@gatech.edu 

Do not attempt to respond to the request directly. The Open Records Officer is responsible for coordinating with the appropriate records custodian and ensuring that the Institute's response complies with ORA requirements. This ensures a consistent and legally compliant approach to handling all ORA requests received by the Institute. 

For additional information and guidance on the Open Records Act, please visit IC website and refer to the GT Open Records Act Policy.

Intellectual property (IP) is knowledge, creative ideas, or expressions with commercial value, and protectable under various laws, including patent, trademark, copyright and trade secrets: 

Patents grant exclusive rights through the U.S. Patent and Trademark Office (USPTO) to inventors for their inventions and improvements, preventing others from making, using, or selling the invention in the United States.

Trademarks, also encompassing service marks, are unique words, phrases, symbols, and/or designs that identify and distinguish the source of goods or services from others. Trademarks may be protected at the federal level through the USPTO or at the state level.

Copyrights: This protection, based in the U.S. Constitution, applies to original works of authorship that are fixed in a tangible form, covering both published and unpublished works.

Under Georgia Tech’s IP policy, generally IP developed at Georgia Tech is owned by the Georgia Tech Research Corporation (GTRC) with specific exceptions. See GT Policy § 5.4.3 Ownership of Intellectual Property. 

For instance, Georgia Tech employees own the copyrights to their scholarly works, including textbooks and journal articles, unless these are part of a sponsored research project or a specific Institute assignment. Georgia Tech’s IP policy ensures that faculty have control over their intellectual contributions with certain exceptions. 

For additional assistance with determination of IP ownership at Georgia Tech, please contact the Georgia Tech’s Office of Technology Licensing(OTL) team.

Various Georgia Tech offices can assist with managing and protecting Intellectual Property (IP) developed at Georgia Tech, depending on the type of IP involved and specific assistance needed: 

Patents – For information and assistance with protection of know-how and technology leading to patents, including invention disclosures and technology licensing, please contact Georgia Tech’s Office of Technology Licensing (OTL). 

Trademarks - Legal Affairs can assist with federal and state trademark registration for Institute initiatives, coordinating with external counsel. For assistance, please contact Legal Affairs at: asklegal@gatech.edu. 

• Note: The requesting department is responsible for all registration expenses, which can be significant for federal trademarks. Thus, only consider federal trademark registration if there’s significant investment in branding and the related services being offered. 
• For assistance with trademark registration information and questions related to research, please contact the Office of Technology Licensing (OTL). 

Copyrights: Under Georgia Tech’s IP policy, employees own the copyrights to their scholarly works, like textbooks and journal articles, except if they are a part of sponsored research projects or specific Institute assignments. See GT Policy § 5.4.3 Ownership of Intellectual Property. Accordingly, Georgia Tech does not facilitate publication agreements related to such scholarly works. 

Also, employees must grant non-exclusive rights for the dissemination of scholarly articles via the Georgia Tech Digital Repository, retaining copyrights while granting the Institute a non-exclusive license. See GT Policy § 5.5 Policy on Open Access to Faculty Publications. Employees should carefully review publication agreements for compliance with these policies. The Georgia Tech Library can assist with managing copyrights and navigating related access policies at repository@library.gatech.edu. 

To contact OTL, please visit their website.

No, colleges, schools, departments, centers, GTRI, and RSOs at Georgia Tech are not legal entities and therefore do not possess authority to execute contracts for the Institute. Contractual agreements and binding commitments should only be made by authorized Georgia Tech officials who have express delegated signature authority.  

For any contractual needs or queries, please consult Legal Affairs or the relevant Georgia Tech contracting unit to ensure proper and legally binding execution.

Legal Affairs manages a wide range of agreements including Academic Program and Procurement-related NDAs, Academic Collaboration Agreements, Equipment Loan Agreements, Facility Use Agreements, International Agreements, Performing Arts Agreements, Filming Agreements, and Image Releases and Waivers. If you have specific questions or need assistance with these agreements, please contact us at Ask Legal.

Georgia Tech’s full legal name should be used in all Institute contracts. The full legal name is: The Board of Regents of the University System of Georgia by and on behalf of Georgia Institute of Technology. This ensures the contract is legally binding and properly recognized.

Using Georgia Tech’s standard template agreements ensures consistency, efficiency and expedited processing.

For assistance with Non-Disclosure Agreements (NDAs), Data Use Agreements (DUAs), and Material Transfer Agreements (MTAs) related to research, please contact the Office of Exchange Agreements (OEA), which is a part of Georgia Tech’s Office of Sponsored Programs (OSP). OEA provides guidance and manages and drafts these types of agreements.

For detailed information and to initiate the process, please visit the OEA's webpage at: https://osp.gatech.edu/exchange-agreements-team.

Only the President or officials with expressly delegated authority can sign contracts on behalf of Georgia Tech. Signing a contract without proper authority could result in personal liability. To learn more about signature authority and authorized signatories, please visit our Signature Authority legal topic.

Please submit agreements related to the purchase of goods or services, including but not limited to software license agreements, hotel agreements, lodging and/or transportation services agreements, etc., to the ServiceNow intake portal and select the Procurement button: https://gatech.service-now.com/financials.

Procurement & Business Services will assist with these agreements.

For information and assistance with research contracts and grants, please visit the Office of Sponsored Programs (OSP) website at https://osp.gatech.edu/. OSP manages all stages of the research contracts and grants process.

For international initiatives and related agreements, Global Operations and the Office of International Education (OIE) in International Initiatives can assist you.

Please visit the OIE website at: https://global.gatech.edu/faculty.

For information on research with international sponsors and assistance with international sponsored research agreements, please visit Georgia Tech’s Office of Sponsored Programs (OSP) website at: https://osp.gatech.edu/international-research and contact OSP’s Corporate & International Contracting team at: https://osp.gatech.edu/corporate-and-international-contracting-team.

The contract review process timeline varies, primarily based on three factors: use of Georgia Tech’s standard template agreements, the complexity of the contract's terms or intended activity, and the extent of revisions requested by the contracting party.

Using standard templates will expedite processing. However, substantial changes to templates will require additional time for review and extend the processing time.

Copyright is the protection for original works fixed in any tangible medium, including papers, software, and digital files, as outlined in 17 U.S.C. § 102.

No, but it's advisable to use a copyright notice, especially for online works. The copyright notice format is: 

© Year 
Georgia Tech/Research Corporation
All rights reserved.

Copyright protection lasts for the author's life plus 70 years. For anonymous or hired works, copyright protection lasts 95 years from publication or 120 years from creation, whichever is shorter.

Fair use allows for the use of copyrighted work without consent. It is determined by four (4) factors:

• Purpose of the use;
• Nature of the copyrighted work;
• Amount and substantiality of the work used; and
• Effect of the use on the work’s market value.

For guidance, please consult USG’s Fair Use Checklist or the U.S. Copyright Office’s Fair Use Index. 

The Scholarly Communications Librarian can also assist with fair use questions; please visit their webpage at: https://library.gatech.edu/fred-rascoe.

Under Georgia Tech’s IP policy, employees own the copyrights to their scholarly works, including textbooks and journal articles, unless these are part of a sponsored research project or a specific Institute assignment. See GT Policy § 5.4.3 Ownership of Intellectual Property.

This policy ensures that faculty have control over their intellectual contributions, with certain specific exceptions. Accordingly, Georgia Tech does not facilitate publication agreements related to such scholarly works.

Georgia Tech’s Open Access policy requires faculty to grant nonexclusive open dissemination of their scholarly articles through the Georgia Tech Digital Repository. This allows authors to retain copyrights while the Institute holds a non-exclusive license for educational purposes and preservation. See GT Policy § 5.5 Policy on Open Access to Faculty Publications.

Faculty are advised to carefully review their publication agreements in light of this policy to maintain compliance. For assistance in managing copyrights and navigating related access policies, the Georgia Tech Library is available at repository@library.gatech.edu.

Don't ignore it. If it's related to Georgia Tech work, please contact Legal Affairs immediately at Ask Legal <asklegal@gatech.edu>. For external activity claims, please seek advice from an IP attorney.
For guidance, please visit GT Library Copyright Claims Board (CCB) Guide.

OTL assists with IP release approvals for scholarly or creative works developed under sponsored agreements or specific Institute assignments, ensures compliance with restrictions, and manages licensing of software and other copyrightable materials.

To contact OTL, please visit their website at: https://licensing.research.gatech.edu/about-us/contact-us.

Georgia Tech’s Office of Information Technology – Cyber Security addresses copyright infringement complaints through established procedures. Cyber Security responds to complaints from organizations like the RIAA, MPAA, BSA or individuals, ensuring removal of infringing materials and protection of intellectual property rights.

For comprehensive information on these procedures and potential consequences, please visit Georgia Tech’s Cyber Security website at: https://security.gatech.edu/copyright-infringement-complaint-response-procedures/.

At Georgia Tech, course materials are to be used and shared responsibly, adhering to copyright laws and academic integrity. Unauthorized sharing, especially on platforms like Course Hero, violates faculty copyrights and the Student Code of Conduct. See Section D. Prohibited Academic Conduct, Paragraph #9, Georgia Tech Student Code of Conduct. 

Faculty are encouraged to place copyright notices on their course materials and may use DMCA notices for content removal.

For comprehensive guidance, see Legal Affairs’ guidance on the Responsible Use of Course Materials <*insert .pdf doc*> and additional resources from Cornell University Library - How to Request the Removal of Infringing Material) and the U.S. Copyright Office - DMCA Agent Directory

A cloud service provider's receipt of effectively encrypted technical data uploaded by the U.S. owner, stored and managed on a cloud service network consisting of only U.S.-based servers, administered only by U.S. persons, and appropriately configured to enable the U.S. technical data owner to control access to such data does not constitute an export under the ITAR. Per Institute Policy, ONLY GT provided Cloud resources may be used for storing or processing Institute data. Not all GT Cloud services are ITAR compliant. Please check with OIT and/or your CSR before using any cloud provider for ITAR controlled data or other export controlled data.

The Military Critical Technical Data Agreement (DD2345) is the form required to register in the Joint Certification Program (JCP). Through the JCP, U.S. and Canadian defense contractors to apply for access to U.S. Department of Defense (DoD) or Canadian Department of National Defense (DND) unclassified export controlled technical data/critical technology on an equally favorable basis. The Joint Certification Office is staffed by DoD and DND staff that review and certify contractor applications submitted on the DD2345.

The DD 2345 is unique to each Cage Code so the certification number is not the same for all activities at Georgia Tech. Georgia Institute of Technology, Georgia Tech Research Corporation, Georgia Tech Applied Research Corporation and our Field Office locations all have a different certification number and expiration date.

Under the JCP, data is sent to the recipient's Data Custodian named on the DD2345 who is then responsible for ensuring that appropriate safeguards (controls) are put in place to prevent unauthorized disclosures and exports before releasing it to the end user (i.e., researcher). Given that the purpose of the JCP is to facilitate the exchange of export controlled technical data, the Office of Export Controls is responsible for administering the certification under the oversight of Data Custodian.

To identify the correct DD 2345 certification number for your activity or to have a DD 2345 signed please contact Al Concord, director of Research Security and Facility Security Officer (FSO). Once prepared, the DD2345 will be signed by the FSO or one of the Empowered Officials below.

Export Empowered Officials:

Georgia Tech Research Corporation / Georgia Tech Applied Research Corporation

Sheila Cranman, Assistant Chief Counsel, Export and Trade — 404.326.9383

Lacee Harris, Manager Export Control & Trade - 404.354.0549

Georgia Institute of Technology

Sheila Cranman, Assistant Chief Counsel, Export and Trade — 404.326.9383

Lacee Harris, Manager Export Control & Trade - 404.354.0549

Darryl Lunon, Deputy General Counsel and Chief Ethics and Compliance Officer — 404.385.1608 (office)

References:

GTRC/GTARC website

Georgia Institute of Technology Affiliated Organizations

Board of Regents Policy Manual, Section 6.17 - Cooperative Organizations

All Institute travel must be authorized according to Institute Travel Authorization Procedures. This should be completed no less than 30 days prior to all international travel. On the Travel Authority Request, please list the equipment that you will need to take with you to complete the research. This request will be reviewed by Export Control team within the Office of General Counsel (OGC) to assess if an export authorization is required to export the equipment lawfully. If the equipment is to be shipped rather than carried by the researcher, an international shipping request must be submitted. For more details and instructions on international shipping requests, please visit here.

The student contributed to development of the funding proposal and is central to conduct of the project. Why does Georgia Tech now disallow his work on the project?

In most cases, DoD SBIR programs use funding authorized by Congress for system development and integration, so-called “6.3 money,” which requires that certain restrictive clauses be included in the awards. When federal Contracting Officers apply a publication restriction, such as the “7000 clause,” the project is rendered ineligible for the fundamental research exclusion from export controls. Without the exclusion, the project’s results are potentially export controlled and must be screened prior to release to any non-U.S. persons, including thesis committee members.

All seminars, poster presentations, and such may have to be cleared by the sponsoring agency and will certainly have to be screened if foreign nationals (including other students, postdocs, etc.) will be present. The program official is not responsible for publication reviews; those are reviewed by a separate DoD office. Because of these significant restrictions, students (including U.S. citizens) should not be included in proposals for such awards at all. This does not a student cannot be successful on such a project. In the event an award is made by the agency using funds that do not require restrictive publication or other export control clauses, an exception may be made at the time of the award. However, if the restrictions are included in the award, it is rare that a student would be approved to work on the project.

There’s only a publication restriction. Why is my research subject to export controls?

Of all the export review conditions, publication restrictions are the most puzzling and the most common reasons for referral of projects for export review.

Not all publication restrictions are created equal. A sponsor requirement to pre-review a publication (to check for erroneously included proprietary information, for example) is a temporary delay and does not really constitute a restriction. If the sponsor will not allow publication at all, clearly that’s a restriction, as is a requirement not to publish for an extended period of time. ANY restriction of Georgia Tech’s right to publish research results removes the fundamental research exclusion.

Faculty should know that any “side agreement” with a sponsor to delay publication or to allow sponsor pre-approval, also negates the fundamental research exclusion and violates Georgia Tech policy. Publication restrictions remove the fundamental research exclusion and render the project subject to export controls including both actual export and “deemed export,” which forbids sharing of certain controlled information or technologies with foreign nationals and other non-U.S. persons in the United States.

Most of the research at Georgia Tech qualifies for the fundamental research exclusion as defined by the National Security Decision Directive 189 (NSDD 189): “Fundamental Research means basic and applied research in science and engineering, the results of which ordinarily are published and shared broadly within the scientific community, as distinguished from proprietary research and industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary or national security reasons.”

Not only does this exclusion provide for products of fundamental research to remain unrestricted, NSDD 189 further provides that, when control of information generated by federally funded, fundamental research at colleges and universities is necessitated by national security concerns, the mechanism for control is classification.

The results of projects that are conducted under the fundamental research exclusion, that is, with the intent to publish the results and in the absence of any other contractual restrictions, are generally excluded from export controls.

Shouldn't all classified awards (contracts, delivery orders, task orders, etc.) automatically require a Technology Control Plan?

By their very nature, classified contracts offer protective measures far surpassing those required for unclassified export controlled information. The National Industrial Security Program Operating Manual (NISPOM) specifies the following Technology Control Plan (TCP) requirements for organizations conducting classified work: A TCP is required to control access by foreign nationals assigned to, or employed by, cleared contractor facilities unless the CSA determines that procedures already in place at the contractor’s facility are adequate. The TCP shall contain procedures to control access for all export-controlled information. A sample of a TCP may be obtained from the CSA.

In the classified arena, TCPs have a much broader scope and are almost completely devoted to the organization versus the specific contract.

It takes a minimum of 60-90 days to obtain an export license. The process can take six months to a year. Remember that no transfer can occur until a license is in place. Involve the Office of General Counsel (OGC) staff as soon as you know there may be an issue. Plan ahead to avoid problems.

A deemed export is the transfer of technology or software to a foreign national within the United States.

The Council on Governmental Relations has produced an excellent brochure that details the unique challenges universities face in complying with export control laws. Export Controls and Universities: Information and Case Studies includes information to help academic researchers and administrators identify how and when export control issues may arise.

DO NOT:

• Discuss non-public domain technology with foreign companies and foreign nationals without completing an export review with the Office of Research Integrity Assurance expert review staff.
• Take controlled technology out of the United States without completing an export review.
• Take foreign nationals on lab tours without notifying the Office of Legal Affairs.

Contact the Office of General Counsel (OGC) Export team at export@gatech.edu. This office provides assistance with:

• Research reviews
• Licensing
• Compliance
• Education

Georgia Institute of Technology

GTRC and GTARC are 501(c)(3) organizations that serve as the contracting entities and supporting organizations for research at Georgia Institute of Technology (Georgia Tech). While GTRC (or GTARC) serves as the contracting party, the performance of the research is by Georgia Tech faculty, staff, and students (per formal agreement). Purchases for such research activities are purchases made by Georgia Tech (not GTRC nor GTARC). As such, items/equipment purchased are the property of Georgia Tech – even when the purchase was made using Sponsored Research funds.

When purchasing an item/materials for use on Sponsored Research – the purchase must, at minimum, comply with Georgia Tech / USG procurement policies. If you need to transfer that property to another party (in this example, your collaborator in France), Georgia Tech would be the party transferring the property. GTRC would not be the entity transferring the property as GTRC does not own the property.

All international shipments are reviewed by the Export Control and Trade team within the Office of General Counsel (OGC) to ensure compliance with export regulations. It is important to remember that the Fundamental Research Exclusion (FRE) only applies to the informational results of the research — not the tangible goods you wish to ship. Thus, all international exports of equipment and materials (even if developed under fundamental research) must be reviewed to ensure that any required export authorizations are obtained.

An item is an export if shipped or hand-carried internationally.

To ship an item abroad, start with the International Shipping page for guidelines and the International Shipping Review Form. For hazardous or dangerous goods, please consult the Environmental Health & Safety (EH&S) website for specific instructions and to initiate the shipping process: https://www.ehs.gatech.edu/shipping. 

Please note that the Export Control team within the Office of General Counsel (OGC) conducts an export review as a part of the international shipping process.

Under the definitions of the U.S. State Department's International Traffic in Arms Regulation (ITAR), a U.S. citizen is a U.S. person, but a U.S. person is not always a U.S. citizen. A U.S. person can be:

• A citizen of the United States.
• A lawful permanent resident alien of the United States (green card holder).
• A documented refugee or other protected political asylum recipient

A non-U.S. person is anyone who is not a U.S. person. The law makes no exceptions for foreign graduate students. A non-U.S. person, also referred to as a foreign person, includes any foreign corporation, business association, partnership trust, society, or any other entity that is not incorporated or organized to do business in the United States. This definition includes international organizations, foreign governments, and any agency or subdivision of foreign governments (e.g., diplomatic missions).

Currently, all visiting scholars are typically onboarded via the Administrative Services Center (ASC) as GT Affiliates. To onboard visiting scholars at Georgia Tech as GT Affiliates, please coordinate with your department's Human Resources (HR) representative to initiate the process via the Administrative Services Center (ASC).

During the onboarding process, the ASC will use iStart to submit Hiring & Hosting Eligibility Determination e-forms. iStart, a comprehensive system for case management, assist with compliance with the Student and Exchange Visitor Information System (SEVIS), which monitors nonimmigrant students and exchange visitors in the U.S. An export review, conducted by the Export Control team within the Office of General Counsel (OGC), is integrated into the iStart onboarding process.

Additionally, visiting scholars must complete the online GT Affiliate Onboarding Form, which includes terms similar to the previous Visiting Scholar Agreement (VSA).

For more details on GT Affiliates and Hiring & Hosting Foreign Nationals, visit: https://careers.gatech.edu/affiliates & Hiring a Foreign National ASC Knowledge Article.

To initiate the process via ASC Service Request, please visit https://gatech.service-now.com/asc or call 404-385-1111.

Do not engage in the activity until an export review has determined whether the activity is subject to control and an export license is obtained.

To request an export review, complete the Export Review Form and submit it along with a material description to the Office of General Counsel (OGC) Export team at export@gatech.edu.

If you answer YES to any of these questions, contact the Office of General Counsel (OGC) export team for assistance.

Does your activity involve:

• A foreign company, whether in the United States or abroad?
• A non-U.S. person (including faculty, postdocs, students, visiting scholars, collaborators) using equipment on the Georgia Tech campus?
• A foreign government sponsor, whether conducted in the United States or abroad?
• A control with a U.S. company or the U.S. government that has a publication restriction or an associated NDA or proprietary rights agreement?
• Taking equipment out of the United States?

Exports include:

• Transfer of controlled physical items to foreign countries or to non-U.S. persons in or out of the United States.
• Transfer or disclosure of information or technical data (even visual disclosure through observation) to foreign countries or non-U.S. persons in the United States or abroad.
• Provision of services outside the United States or to entities outside the United States.

Laws and regulations apply to items (including software, supercomputers, commodities, and technologies) as well as information. Because you, as an individual, and Georgia Tech can be held liable for improperly transferring controlled technology, review these federal regulations and contact the ORIA export review staff for additional information and assistance with specific activities.

This guidance has recently changed and applies to all who have export controlled information.

Checking email and accessing the information on cloud services while traveling internationally

Receiving or accessing export controlled information while abroad may incur export violations. If you have reason to access controlled information beyond the guidelines below, contact the Office of Research Integrity Assurance for further direction. These guidelines will assist in avoiding export violations for any information received via email or cloud services.

Additional travel security tips are available from OIT. Travelers should check with the export office for any questions concerning the guidelines below.

Georgia Tech email and cloud services may be accessed under the following conditions:

Prior to travel:

• Purge email folders of export controlled information, especially anything controlled to your destination, which includes all information covered by the ITAR. In general, it is a good practice to use cloud options, not email, for extended storage. GT has approved cloud services available.
• Remove any email clients or any other option using IMAP/POP related to Georgia Tech from devices. These clients include Outlook, Thunderbird, etc. and may automatically download emails in violation of export regulations. Clients may remain on the devices if all connections to GT email are removed and the client is not controlled to your destination.
• Confirm you are using Office 365 for Georgia Tech email.
• Take “clean” devices (e.g. laptops, tablets, phones) that do not contain export controlled information or software.
• All devices must be encrypted. The only GT information on the devices should be necessary for the trip.
• If you are traveling to a 126.1 country, D5 country or the Russian federation, contact the Office of Research Integrity Assurance for further information.

During travel:

• Use only the web interface to check email. Mobile devices may be used to connect via webmail, if AirWatch is installed for security.
• If you receive an email that you believe contains export controlled information, do not open this email.
  • If the email is opened:
    • Make sure that no foreign nationals are able to view the information on your screen.
    • If it contains ITAR information, contact export@gatech.edu. ITAR Information accessed in a non-126.1 country is acceptable if documented appropriately.
    • If it contains EAR information and the device is not encrypted, contact the Office of Research Integrity Assurance for further information.

Both the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR) have identified certain countries of greater concern and limit certain types of transactions. ITAR prohibits exports and sales to certain countries under 22 CFR 126.1. It is the policy of the United States to deny licenses and other approvals (such as exemptions) for exports and imports of defense articles and defense services to these countries. The email procedures (see the next FAQ) to check email when traveling to these countries may be different and should be reviewed by the Office of Research Integrity Assurance prior to travel.

Both the ITAR and the EAR have listed the same countries as of 17 July 2019:
(check the ITAR 22 CFR 126.1 and the EAR Supplement No. 1 to Part 738) for the most current information)

• Afghanistan
• Belarus
• Burma/Myanmar
• Cambodia
• Central African Republic
• China 
• Democratic Republic of the Congo
• Cuba
• Cyprus
• Eritrea
• Haiti
• Iran
• Iraq
• Lebanon
• Libya
• North Korea (Democratic People’s Republic of  Korea)
• Somalia
• South Sudan 
• Sudan
• Syria
• Venezuela
• Zimbabwe

Always check the OIT web pages for the most up-to-date information.

GT: GT Data Categorization (Protected vs. Public)

GT: Approved Cloud Storage Options

GT: Video Collaboration Comparison Chart

GTRI: Where Do I Store Data?

GTRI: Which Collaboration and Communication Tools Are Approved?

Yes, with appropriate security measures as outlined in your TCP.

Many are working remotely to continue research during the current situation. The Office of Research Integrity Assurance – Export Compliance wants to remind you of your responsibilities to safeguard export controlled information that may be in your possession.

Remote working is possible with export controlled projects as long as the same security standards are met as outlined in your TCP to prohibit access by foreign nationals.

In order to prohibit access by unauthorized individuals:

• Be aware of your surroundings and prohibit visual access by others in your area.
• Access export controlled information through approved GT VPN or SSH or approved cloud services. Do not use any third party services that are not GT accounts.
• Do not store export controlled information on any device that does not meet the appropriate security standard.
• If there is a need to access work from outside of the United States, contact our office immediately for specific guidance.

As always, security is of great importance. Physical security must meet the standards of the TCP — keep all information and devices locked when not in use. Information security will need to meet the standards as described in your TCP, as outlined:

Department IT support or the Cybersecurity Governance, Risk, and Compliance (GRC) team should address questions regarding information security. The GRC team will contact you with guidance to maintain security controls and how to request exceptions for your research environment to maintain compliance with federal regulations for all current SSPs.

The Export Control program at Georgia Tech is quite large and involves many offices. Knowing which office to contact is important to get the quick service and support you need. The Export Control program has moved to the Office of General Counsel (OGC).

OGC-Export is the primary contact for all export questions.

Export webpage: export.gatech.edu

Export Email: export@gatech.edu

Import Email: import@gatech.edu

OGC main webpage: generalcounsel.gatech.edu and legal.gatech.edu

Global HR is the primary contact for International assignments and employment.

Web: hr.gatech.edu/global-human-resources

Cyber Security is the primary contact for IT security including Controlled Unclassified Information (CUI)

Web: cui.gatech.edu

Email: cui@gatech.edu

Research Security is the primary contact for questions about the Insider Threat Program or classified activities.

Email: Dannie.Lyvers@gtri.gatech.edu

Web: webwise.gtri.gatech.edu/research-security-department/rsd-faq/insider-threats and https://webwise.gtri.gatech.edu/research-security

Yes. Smaller productions are encouraged to use Georgia Tech Dining Services to reduce footprint on campus.  The Assistant Director of Film Logistics can assist with providing quotes for this service. 

Any request to change or alter campus landscape or structures must be submitted in writing to the Film Logistics Committee for approval. In addition, a plan for restoring GT property to its original, or an upgraded condition, must also be submitted and approved. 

Yes. Any external security crew must be approved by and coordinated through the Georgia Tech Police Department.  The Assistant Director of Film Logistics will assist with coordination. 

Filming cannot start until a fully executed license agreement is signed by an authorized representative of the film company, and by the Senior Director of Auxiliary Services Operations or her designee. 

The Georgia Tech Film Logistics Committee (FLC), chaired by the Assistant Director of Film Logistics, will review completed application packets.  The committee is comprised of stakeholders from offices all over campus including parking and transportation, legal, facilities, campus police, and communications.  Applications will be         approved on a case-by-case basis.  The Assistant Director of Film Logistics will be the primary point of contact  between the committee and the applicant. 

Yes, all schedules will be considered and evaluated.  Some campus locations may have days and times when they are unavailable.  

This will depend on the size of the production, as well as the administrative requirements. 

Film application fees are non-refundable. 

Scripts are requested as part of the film application process. Content is reviewed by the Film Logistics Committee and approved on a case-by-case basis. Subject matter, shooting schedule and campus activities are all taken into consideration. 

External filming and photo shoots must not distract from or interfere with Georgia Tech’s education, research, and other campus activities and operations.  Projects will be considered on a case-by-case basis and will be coordinated by the Assistant Director of Film Logistics. 

Yes, photographers are required to obtain prior approval before using or representing any space inside a classroom building, conference building, research building, or outdoor space on Campus.  Requests can be made using the Scout Request Form located at www.campusservices.gatech.edu/campus-filming.

All scouting must be coordinated by the Assistant Director of Film Logistics.  Scout requests should be submitted via the website.  We will make every effort to respond to the request within 24 hours. 

If you or your department receives notice of a new claim or lawsuit, it's essential to act promptly. Please contact Legal Affairs immediately at asklegal@gatech.edu. Our Employment & Litigation team will guide you through the process, provide legal counsel, and help coordinate the Institute's response to the lawsuit.

If you are personally named as a defendant in a lawsuit related to your actions within the scope of your employment for Georgia Tech, you may be entitled to legal representation. Contact Legal Affairs immediately to review the matter.

Receiving a litigation hold notice means that you may have certain documents and information that must be preserved because they may be relevant to pending or anticipated litigation. Follow the instructions in the notice carefully. Failure to comply with a litigation hold notice can have serious consequences. Please contact Legal Affairs for guidance if you have any questions or concerns about the notice.

An MOU is a formal, yet non-binding agreement that outlines the present intentions, roles, and objectives of the parties involved in a collaboration. It is not legally enforceable like a contract. The key differences are that an MOU: (i) does not create legal obligations, (ii) lacks financial obligations, and (iii) relies on mutual cooperation for dispute resolution rather than legal remedies.

Memorandums of Agreement (MOAs) are often similar to Memorandums of Understanding (MOUs) but typically involve a greater level of formality and detail. While MOUs outline mutual goals and general terms of an understanding, MOAs usually specify more concrete terms, responsibilities, and roles of each party. Both serve as preliminary steps before entering into a binding contract, but MOAs are closer to formal agreements due to their specificity.

MOUs are typically used for documenting the present intentions and goals of the parties, establishing a collaborative framework that may lead to a binding contract, facilitating clear and transparent communication, and documenting non-financial collaborations.

Yes, Legal Affairs has developed standard MOU templates that are designed to align with the Institute's standards. These templates can be tailored to meet the specific strategic objectives of various initiatives.

For additional guidance or to draft an MOU tailored to your initiative's needs, you can contact Legal Affairs at Ask Legal. For further information on related topics, you can explore the Contracts legal topic page and consult the Signature Authority legal topic page.

Yes. As the PI, you will get a signed copy of the NDA along with a signature sheet.

Yes. GTRI is a unit of Georgia Tech so GTRI employees are Georgia Tech employees. All Georgia Tech employees may access the information if the technical contact allows such access, and the Georgia Tech employees sign the related signature sheet. 

Note: While the GTRI team within Legal Affairs manages GTRI-related NDAs which are not connected to sponsored research projects, NDAs supporting sponsored research are managed by Office of Sponsored Programs’ Office of Exchange Agreements (OEA) within GTRC.

Yes. A completed routing form provides Legal Affairs with the information necessary to immediately begin reviewing or drafting the NDA. Without a completed routing form, Legal Affairs will need to ask the Principal Investigator (“PI”) for the information, possibly delaying the process.

Yes. The signature sheet must be returned to Legal Affairs after each Georgia Tech employee who will have access to the company’s proprietary information has signed the signature sheet. Each employee first should review the terms of the agreement and understand their obligations under the agreement before signing the signature sheet. 

Note: Employees are obligated to protect proprietary information under the IP Agreement. If the signature sheet is not returned, all future NDA requests will be placed on hold until the outstanding NDA signature sheet is received.

Yes. Please feel free to send questions to Ask Legal.

Yes. The type of exchange matters and will determine what kind of agreement is appropriate. When you submit a completed routing form with this information, Legal Affairs knows which type of agreement is needed and will draft and/or revise an NDA accordingly.

Yes. The signature sheet must be returned even if information was not exchanged. The signature sheet can help us to document when proprietary information was not received. This helps protect Georgia Tech and our employees in the event of a dispute. If no proprietary information was shared, then you may add a statement stating such on the signature sheet when you return it.

Yes, if possible. Use of Georgia Tech’s standard NDA templates will expedite the negotiations as our templates contain all of our essential provisions. Using our templates will allow you to begin exchanging information sooner.

Yes. Retaining a copy of the NDA enables the PI to understand their obligations and manage information flow. By keeping the signature sheet, the PI can:

1. Ensure only employees who have reviewed the NDA access the information; 
2. Add new recipients as necessary; and
3. Review and remind all recipients of their obligations.

Yes. Legal Affair’s NDA routing form is available at <*Insert NDA Routing Form .pdf or website link*> . Georgia Tech’s standard NDAs are available for Georgia Tech employees upon request to Ask Legal.

No. You may not amend an expired NDA. Once an agreement expires, you need a new agreement. If you are the PI, please contact Legal Affairs before the expiration of the NDA. We can then prepare an amendment to extend the NDA so that you can continue your work.

Yes. As the PI, you manage and control the flow of the company’s confidential information. You also maintain the signature sheet and keep a copy of the NDA to ensure that each employee with access to a company’s confidential information has reviewed the te rms of the NDA and understands their obligations.

No. You may only work off of an existing NDA if the PI identified in the NDA approves of your access to the information. At Georgia Tech, NDAs are specific to the PI, the purpose and subject matter of the exchange, and the company. If the PI approves your access as a new recipient and you sign the signature sheet, then you may work under the NDA. If you are not approved, then a new NDA may be negotiated for you.

Yes. The period of exchange is the length of time that the parties may disclose information. The period of confidentiality is how long you are required to protect the information that was disclosed to you.

Yes. Legal Affairs needs to know about foreign nationals in case there is a deemed export. A deemed export occurs when export controlled technology or source code is provided to a foreign national within the United States. For additional information regarding exports, please see https://ethicsfirst.gatech.edu/exportandtrade.

Yes. The standard period of protection is five (5) years from the date of information receipt. This period of protection aligns with Georgia Tech’s Agreement Providing for the Assignment and Administration of Intellectual Properties (“IP Agreement”) that each employee signs during onboarding. However, the protection period can be shorter than five (5) years as requested or needed and, in some instances, is preferred.

Yes, but only after an export review has been completed and the exchange with the foreign company has been approved. Sometimes, the exchange will not be approved, but Legal Affairs will work with the Export Control and Trade team toward a resolution. Please see https://ethicsfirst.gatech.edu/exportandtrade  or additional information regarding export reviews.

Note: Export reviews may delay the processing of your NDA, so please send these requests to Export Control and Trade as soon as possible so that we may help you meet your needs. Please visit the Export Control and Trade’s Contact Us page at: https://ethicsfirst.gatech.edu/exportandtrade/contacts. 

Compliance with export laws is federally required and is not optional for Georgia Tech.

Yes. Extension documents are required if an NDA’s period of confidentiality exceeds the standard five (5) years required by each employee’s IP Agreement. A period of protection longer than five (5) years is considered an extended period of confidentiality and requires additional internal approvals as well as extension documents in order to proceed.

Yes. Please complete the routing form and provide all the requested information so review of the agreement can be initiated immediately. During negotiation, if a company does not respond to Legal Affairs, you may be asked to reach out to your technical counterpart for assistance. Together, we can get the NDA processed and completed so you can begin your work.

Another way to expedite the NDA process is to request the company to use Georgia Tech’s standard NDA templates as soon as know an NDA is needed.