Exceptions & Exclusions
While the export control regulations might appear to be very broad, certain exceptions or exclusions may remove the controlled item or technology from being subject to the export control regulations. The fundamental research exclusion is the most significant for the academic research community. See the Fundamental Research Exclusion (FRE) section on the Export Control FAQ page for more detail.
Other exceptions and exclusions are:
Public Domain/Publicly Available
Information that is published and generally accessible to the public through (among other things) fundamental research is not subject to export controls.
Generally, a license is not needed for classroom/lab teaching to foreign nationals in U.S. Universities. Students in degree programs, using controlled equipment to conduct research need to be registered in a course regularly published in the course catalog.
Full-Time Employee Exemption
A license is not required when sharing controlled technical data with a foreign national who meets the following criteria:
- Is not a national of an embargoed country
- Is a full-time university employee
- Has a permanent address in the U.S. while employed at university
- Is advised IN WRITING not to share covered technical data with any other foreign nationals without government approval
The export of items, technology, commercial software and encryption code is subject to export control regulations (this includes laptops, PDAs and digital storage devices). The exception does not apply to any EAR satellite or space-related equipment, components or software, or to any technology associated with high-level encryption products and cannot be used for travel to OFAC-sanctioned countries.