Exceptions and Exclusions
While the export control regulations might appear to be very broad, certain exceptions or exclusions may remove the controlled item or technology from being subject to the export control regulations. The fundamental research exclusion is the most significant for the academic research community. See the Fundamental Research Exclusion section for more detail.
Other exceptions and exclusions are:
Public Domain/Publicly Available
Information that is published and generally accessible to the public through (among other things) fundamental research is not subject to export controls.
Generally, a license is not needed for classroom/lab teaching to foreign nationals in US Universities. Students in degree programs, using controlled equipment to conduct research need to be registered for a research credit class.
Bona Fide/Full-Time Employee Exemption
A license is not required when sharing controlled technical data with a foreign national who
– Is not a national of an embargoed country;
– Is a full-time bona fide university employee;
– Has a permanent address in the U.S. while employed at university; and
– Is advised IN WRITING not to share covered technical data with any other foreign nationals without government approval.
The export of items, technology, commercial software, and encryption code is subject to export control regulations (this includes laptops, PDAs and digital storage devices). The exception does not apply to any EAR satellite or space-related equipment, components, or software, or to any technology associated with high-level encryption products and cannot be used for travel to Iran, Syria, Cuba, North Korea, or Sudan (in limited circumstances TMP can be used for Sudan).
The BAG exception can be used for travel outside the U.S. when you are taking PERSONAL items or technology that would normally require a license from the Department of Commerce. For example, if you plan to take your personal laptop rather than a university laptop when attending a conference or conducting research abroad, and you are taking controlled technology, software, or other information that would require a license, the BAG license exception is available.