Export Controls are federal laws that govern how technology, technical data, technical assistance, and items or materials (from software to satellites and more) are physically or electronically exported, shipped, transmitted, transferred, or shared from the U.S. to foreign countries, persons, or entities.
These laws protect national security and U.S. foreign policy interests, prevent terrorism and the proliferation of weapons of mass destruction, and preserve U.S. economic competitiveness. Penalties for violating these laws can be severe, both for principle investigator(s) and the university.
Export Controls apply to both exports and deemed exports:
As a practical matter, most research at the University is excluded from the scope of EAR and ITAR regulations due to the “fundamental research” exclusion. Fundamental research is defined as basic and applied research in science and engineering 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.
The results of fundamental research are not subject to the EAR or the ITAR, and may be disclosed to non-U.S. persons in the U.S. or abroad without specific authorization. The fundamental research exclusion applies only to the dissemination of research data and information, not to the transmission of material goods. The fundamental research exclusion is not applicable if a project sponsor imposes certain publication, access, proprietary, or confidentiality restrictions which limit the dissemination of the results to the scientific community.
Similarly, federal export control regulations do not apply when dealing with instruction in general science, math, and engineering principles commonly taught at schools, colleges and universities, and conveying information through courses listed in course catalogues and in associated teaching laboratories of academic institutions.