The United States export laws and regulations operate to restrict the use of and access to controlled information, goods, and technology for reasons of national security or protection of trade. Because the university embraces the concepts of academic freedom and open publication and dissemination of research findings and results, the export control regulations present unique challenges. Fortunately, both the EAR and the ITAR exclude fundamental research from the requirements of the regulations.
Fundamental research is defined as "basic and applied research in science and engineering conducted at an institution of higher learning in the United States where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. Government access and dissemination controls." Information which is publicly available also is excluded from the purview of the export control regulations. To guarantee the application of these exclusions, researchers should publish their findings to the fullest extent possible and should not agree to confidentiality clauses or other terms that restrict the dissemination of research materials and results.
The fundamental research and public domain exclusions do not apply to tangible items that are being taken or shipped outside of the U.S. In such cases, those items must be analyzed to determine whether they are subject to export controls. For assistance with this process and with obtaining an export license if necessary, please contact the . The process of obtaining an export license from the government can be lengthy, so please plan accordingly.
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