Licenses and Exclusions
Most export transactions by UMCES do not require a government license or other written approval from the U.S. government prior to export. Some transactions are prohibited due to the end-use, end-user, or country involved. Only exports that the US government considers “controlled” under the EAR and ITAR may require licenses. Exports usually are license controlled for one or more of the following reasons:
- The technology or information has actual or potential military applications or raises economic protection issues
- Government concerns about the destination country, organization, or individual
- Government concerns about the declared or suspected end use or the end user of the export
Most research and teaching on campus in the United States can qualify for exclusions and/or exemptions from the export control regulations. Below is a summary of the exclusions.
Fundamental Research Exclusion
No license is required to disclose to foreign persons information that is “published and which is generally accessible or available to the public through fundamental research in science and engineering at universities where the resulting information is ordinarily published and shared broadly in the scientific community.”
Public Domain Exclusion
The Public Domain Exclusion applies to information and research results already published and actually available through:
- Libraries, bookstores, newsstands;
- Trade shows, meetings, and/or seminars open to the public;
- Websites open to the public; or
- Courses listed in the university catalog of a general nature.
Educational Information Exclusion
No license is required to share with foreign persons “information concerning general scientific, mathematical or engineering principles commonly taught in universities or information in the public domain.”
No license is required to share controlled technical information with a foreign person who Is a full-time, bona fide university employee and has a permanent address in the US while employed, provided that the person is not a national of certain countries; and is advised in writing not to share controlled information with other foreign persons.