Licensing Exclusions and Exceptions | Export Control

Fundamental Research Exclusion (FRE)

The Export Control regulations exempt from licensing requirements technical information (but not controlled items) resulting from fundamental research.

Fundamental research means basic and applied research in science and engineering conducted at an accredited U.S. institution of higher education where the resulting information is ordinarily published and shared broadly within the scientific community. Such research can be distinguished from proprietary research, the results of which ordinarily are restricted for proprietary reasons or specific national security reasons.

Most information arising from fundamental research (including non-encryption source code) is covered by the fundamental research exclusion. The FRE does not apply to materials, encryption source code, and some other ITAR-controlled information like defense services. Under the FRE, members of the University community that are Foreign Persons can participate in most research involving export-controlled technical information. Once created in fundamental research, information may be transferred abroad without restriction.

The FRE can be lost by accepting a contract clause that restricts access to or disclosure of research results other than a brief advance review by sponsors to ensure the publication does not compromise patent rights or inadvertently divulge proprietary information.

Public Information Exclusion

Under the EAR and ITAR, information that is published or in the public domain is not subject to Export Controls. Information is published or in the public domain when it becomes generally accessible to the interested public in any form, including:

Information legally available on the internet
Publications available for sale
Publications available through libraries, in published patent applications, or through release at an open conference, meeting, seminar, trade show, etc.

Educational Information Exclusion

Under EAR and ITAR, certain information, like instruction in science, math, and engineering, taught in courses listed in catalogs and associated teaching laboratories of academic institutions is generally not subject to Export Controls, even if the information concerns controlled commodities or items.

Temporary Export of Personal Items (BAG)

License exception TMP, allows for the temporary (up to one year) export or re-export of certain items, technology, and software subject to the EAR for personal use such as laptops, cell phones, and digital media storage devices. This exception applies to faculty or staff-owned computers or equipment but cannot be used for space-related technology, high-level encryption technology, or any items that are subject to ITAR. Please consult the Export Control Officer before traveling to embargoed countries such as Iran, Syria, North Korea, Cuba, or Sudan with any personal equipment as some encryption technology and software is strictly prohibited.

In order to make use of this exception, the items in question must be hand-carried into the country of destination and must be returned to the US, consumed, or destroyed within a 12-month period. This exception also requires that the person using this equipment maintain effective control at all times over this equipment (defined as retaining physical possession of an item or keeping it secured in a bonded warehouse or locked hotel safe).

Baggage Export License Exception

Temporary Export of Professional Equipment (TMP)

License exception TMP, allows for the temporary (up to one year) export or re-export of certain items, technology, and software subject to the EAR for professional use such as laptops, cell phones, and digital media storage devices. This exception is also considered the "Tools of the Trade" exception and can be used in most cases where University-owned equipment is taken overseas. However, this exception cannot be applied to faculty or staff-owned computers or equipment, space-related technology, high-level encryption technology, or any items that are subject to ITAR. This exception is also not available for travel to embargoed countries such as Iran, Syria, North Korea, Cuba, or Sudan.

In order to make use of this exception, the items in question must be hand-carried into the country of destination and must be returned to the US, consumed, or destroyed within a 12-month period. This exception also requires that the person using this equipment maintain effective control at all times over this equipment (defined as retaining physical possession of an item or keeping it secured in a bonded warehouse or locked hotel safe).