Exceptions and Exclusions
While the export control regulations might appear to encompass a large portion of University activities, certain exceptions or exclusions may remove the controlled item or technology from being subject to the export control regulations. The three main exclusions that are relevant to academic institutions are:
The fundamental research exclusion excludes from export control regulations the research results that are generated during the course of research projects provided the results are ordinarily published and shared broadly in the academic community, and the sponsor has not imposed a publication approval process or national security controls on the dissemination of the research results. It is important to keep in mind that the fundamental research exclusion applies to the research results only, not shipments of items/commodities, even if developed during the course of a fundamental research project. See the Fundamental Research Exclusion section for more detail.
Public Domain/Publicly Available
Information that is published and generally accessible to the public is not subject to export controls. This includes information that is available through sates at newsstands and bookstores, subscriptions, libraries open to the public or from which the public can obtain documents, through patents available at any patent office, through unlimited distribution at a conference, meeting seminar, trade show or exhibition, or through public release in any form after approval by the cognizant US government department or agency.
A license is not needed for information shared with foreign nationals during the conduct of academic catalog courses in US universities. However, sharing technical data on a controlled piece of equipment may still require an export license. See the Deemed Exports section for more information.
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 that is subject to export control regulations (this includes laptops, cell phones, PDAs and digital storage devices) may be exported without a US government export license if it is being returned to the US within 12 months, kept under effective control of the exporter while abroad (i.e. kept in a hotel safe or other secured space or facility), and other security precautions are taken against unauthorized release of technology (i.e. use of secure connections, password systems and personal firewalls).. 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.
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, the BAG license exception is available if you plan to take your personal laptop rather than a university laptop when attending a conference or conducting research abroad,