Exclusions/Exceptions

There are several exclusions/exceptions that may remove University activities from licensing requirements.

Fundamental Research Exclusion

Fundamental research (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) is excluded from export control regulations.  This means that when University research meets this definition, information (but not materials or technology) resulting from that research may be disclosed to foreign nationals.

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, other than limited prepublication review by research sponsors to ensure that proprietary information is not inadvertently disclosed in publication or to ensure that publication will not compromise the patent rights of the sponsor; or (2) the research is federally funded and specific access and dissemination controls regarding the resulting information have been accepted by the University or investigator.

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.

TMP and BAG Exception

The Export Administration Regulations (EAR) provide an export license exception for the temporary export (TMP) of qualified "tools of trade". "Tools of trade" is defined as items that are used for University business, conferences, trade shows, etc. The TMP exception only applies to University property.  The TMP exception includes items, software and technology that can be hand carried, packed in the travelers luggage or shipped before travel or while present in-country.  To be eligible for the TMP exception, the traveler must maintain effective control of the item or software during travel, return the item or software to the U.S. within one year of export, and not take the item to or through Cuba, Iran, North Korea, Syria or Sudan.

An export license exception for the temporary export of personal baggage (BAG) is also available.  Neither the TMP nor BAG exception applies to:

• Satellite or space-related equipment, components, or software regulated by the EAR;
• Technology associated with high-level encryption products;
• Defense items, technical data, or software regulated by the ITAR;
• Nuclear or atomic energy items regulated by the Nuclear Regulatory Commission or Department of Energy; or
• Shipping or hand-carrying items, technology or software to Cuba, Iran, North Korea, Syria or Sudan.