Export control laws pose unique challenges to higher education institutions because they demand a balance between national security and academic freedom. These laws may apply to University of Denver researchers. The Department of Commerce's Export Administration Regulations (EAR) and the Department of State's International Traffic in Arms Regulations (ITAR) restrict the export of certain technology or technical data. In certain circumstances, these agencies may require the University to secure a license before the item or information is exported to another country or shared with a foreign national. It is the responsibility of faculty and administrators to be aware of and comply with these laws and the University’s written instructions and procedures. The regulations do not apply, however, to information that is in the public domain or to information that is the result of fundamental research activities.
The University of Denver Office of Research and Sponsored Programs is committed to adhering to all applicable export control laws and regulations that pertain to the conduct and dissemination of research. Although most of the research conducted at DU is exempt from export control regulations, we still commit to comply with the regulations.
What should PIs know?
Be familiar with the following definitions:
Fundamental research: means basic and applied research in science and engineering, the results of which ordinarily are published and shared broadly within the scientific community and distinguished from proprietary research.
Public domain or publicly available: information which is published and which is generally accessible to the public
Deemed Exports:U.S. export controls cover the export or release of “technical data” or technology. The release of such information is called a “deemed export.” Under the deemed export rule, the transfer or release of technical data or information subject to U.S. export controls to a “foreign national,” whether it occurs in the United States or abroad, is “deemed” an export from the United States to the home country of the foreign national. At universities, this issue arises most frequently in connection with the participation of international researchers or collaborators in projects involving controlled technology.
Technical data: Information other than software which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles. This definition does not include information concerning general scientific, mathematical or engineering principles commonly taught in Universities.
For questions pertaining to export controls, please contact ORSP:
firstname.lastname@example.org or 303-871-4019.