Ricin Carrying Fruit Fly Exports Trip Indiana University

Unlicensed exports of fruit flies genetically modified to produce a subunit of a controlled toxin drew Indiana University a  penalty from the  Commerce Department.  

As part of a settlement agreement, the Department of Commerce’s Bureau of Industry and Security (BIS) issued an order imposing an administrative penalty on Indiana University (IU) related to exports by IU’s Bloomington Drosophila Stock Center (BDSC).  

This settlement resolves the allegations set forth in a Proposed Charging Letter (PCL) regarding 42 violations related to the export of fruit flies genetically modified to produce a subunit of a controlled toxin. These exports went to numerous research institutions and universities worldwide without the required export licenses. IU voluntarily disclosed the conduct to BIS, cooperated with the investigation by BIS’s Office of Export Enforcement (OEE), and took remedial measures after discovering the conduct at issue, which resulted in a significant reduction in the penalty.

“Researchers should take note: even the smallest items, like a genetically modified fruit fly, can implicate chemical and biological weapons controls,” said Assistant Secretary for Export Enforcement Matthew S. Axelrod. “At the end of the day, Indiana University’s voluntary self-disclosure and extensive cooperation throughout the investigation resulted in a non-monetary resolution, which demonstrates the value for academia of disclosure and cooperation when violations of our export rules are discovered.”     

As part of the BIS settlement, IU admitted to the conduct set forth in the PCL, which alleged 42 violations related to the export of a strain of Drosophila melanogaster (fruit flies) containing transgenes carrying ricin A sequences to research locations in 16 countries. The alleged violations included engaging in prohibited conduct by exporting various strains of genetically modified fruit flies containing transgenes of the A subunit of the ricin toxin without the required export license. Modified fruit flies are used frequently in basic research of fruit fly development. The transgenes are not, by themselves, toxins, and did not at any time pose a danger to public health.

"Today’s enforcement action is a direct result of the Office of Export Enforcement’s ongoing engagement with the university communities,” said OEE Director John Sonderman. “While BIS expects vigilance and export compliance among research institutions, we also seek appropriate non-monetary resolutions for disclosed non-egregious violations. In this case, BIS is pleased to have reached an agreement with IU that reflects IU’s commitment to export compliance as well as BIS’s interest in enforcing and upholding the integrity of the export control regulations."

Under the order, IU is required to deliver export compliance training on the Export Administration Regulations (EAR) to relevant IU administrators. It is also required to deliver two presentations on the conduct at issue in the PCL: one to a forum of stock center directors, and one to the broader university export control community. Additionally, the order subjects IU to a one-year suspended denial order for the export of certain types of items.

The full order, settlement agreement, and PCL are available online here.