Basic Info - Export Control

Export Control Exclusions

Exclusions/Exemptions from Export Control Regulations

Fundamental Research Exclusion

Fundamental research is basic or applied research in science and/or engineering at an accredited institution of higher learning in the U.S. resulting in information that is ordinarily published and shared broadly within the scientific community. Fundamental research is excluded from export control regulations.

University research will not qualify for this exclusion if: (1) the university or investigator accepts any restrictions on the publication of the information resulting from the research or (2) the research has dissemination restrictions including restrictions on access based on citizenship.

It is important to remember two things about the fundamental research exclusion: 1) it applies only to information, 2) it does not apply to a sponsor's existing proprietary information when some or all of that information is required to be held confidential.

Educational Instruction Exclusion

Export control regulations do not apply to information released in academic catalog-listed courses or in teaching labs associated with those courses. This exclusion is based on the recognition in ITAR that "information concerning general scientific, mathematical, or engineering principles commonly taught in schools, colleges, and universities, or information in the public domain" should not be subject to export control restrictions.

Public Domain/Publicly Available Exclusion

Information that is published and generally available to the public, as well as publicly available technology and software, is outside the scope of the export control regulations. This exclusion does not apply to encrypted software, to information if there is reason to believe it may be used for weapons of mass destruction, or where the U.S. government has imposed access or dissemination controls as a condition of funding.

Public Domain is defined as information that is published and generally accessible to the public: (1) through sales at newsstands and bookstores; (2) through subscriptions available without restriction to anyone who may want to purchase the published information; (3) through second class mailing privileges granted by the U.S. Government; (4) at libraries open to the public or from which the public can obtain documents; (5) through patents available at any patent office; (6) through unlimited distribution at a conference, meeting, seminar, trade show or exhibition that is generally accessible to the public and is in the United States; (7) through public release (i.e., unlimited distribution) in any form (not necessarily published) after approval by the cognizant U.S. government department or agency; and (8) through fundamental research.