Research Exclusions
Exclusions from Export Control Laws include:
1. Fundamental research exclusion (FRE)
You stay outside the regulations when conducting research that is considered “fundamental” or non-restricted. You must have the intention of publishing or otherwise broadly disseminating the research to maintain this exclusion. The FRE allows foreign national researchers at the University to access EAR-controlled items and data for purposes of basic and applied research. However, some fundamental research is informed by background information that is export controlled and must be protected. Non-research activities as well as restricted research are not protected by the FRE.
2. Public domain exclusion
You stay outside the regulations when you share technical data or information with foreign person inside or outside of the U.S. if that data or information:
- has already been published
- is available in libraries or through newsstands, bookstores, subscriptions, or free web sites
- has been disclosed in published patent applications.
3. Educational exclusion
You stay outside the regulations when teaching:
- general science, math, and engineering commonly taught at schools and universities
- information conveyed in courses listed in course catalogues.
For additional assistance, visit the FAQs.
Export control regulations are complex and implemented by three federal agencies. For more in depth information regarding export controls, you can visit the agencies’ websites, which are linked below as well as definitions and terms.
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U.S. Commerce Department, Export Administration Regulations (EAR)
- Governs commodities, software and technology (or information) (primarily civilian); also includes some sanctions, embargoes and restrictions on transfers to certain end-uses and persons, including terrorists.
- U.S. State Department, International Traffic in Arms Regulation (ITAR)
- Governs defense articles (including technical data) and defense services (predominantly military items and information, including satellites and spacecraft).
- U.S. Treasury Department, Office of Foreign Assets Control (OFAC)
- Maintains trade sanctions, embargoes and restrictions on transfers to certain persons, such as terrorists and narcotics traffickers.