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Export control laws are a set of federal regulations designed to protect U.S. national security, prevent the proliferation of weapons of mass destruction, further U.S. foreign policy including the support of international agreements, human rights and regional stability, and to maintain U.S. economic competitiveness.
Export controls govern how information, technologies, and commodities can be transmitted overseas to anyone, including U.S. citizens, or to foreign nationals in the U.S. These regulations are the International Traffic in Arms Regulation (ITAR), the Export Administration Regulation (EAR), and the Office of Foreign Assets Control (OFAC).
If you plan to:
- travel abroad for research,
- communicate with a foreign national about non-fundamental research,
- purchase items that are shipped from abroad,
- Mail or carry items abroad,
- Send controlled information to a foreign national,
Please email us for a consultation to ensure your activity is not regulated.
Anyone involved in Export Compliance or export controlled activities are required to take an online course and select a supplemental module that corresponds to their role.
Suggested modules within the Export Compliance course:
- Introduction to Export Compliance
- Export Compliance for Researchers: Part I
- Export Compliance for Researchers: Part II
Anything you take with you during international travel is considered an export and is governed by the Bureau of Industry and Security. If you plan to travel internationally for offical Sacramento State activities, you must complete the survey below for an Export Control review and to recieve guidance on protecting your items.
Controlled research would require a Technology Control Plan to restrict who can and cannot participate in the research or view the results. To begin a Plan, please contact the Export Control Officer at firstname.lastname@example.org.
Please review the linked document below for commonly controlled items, technology, and biologics.
Fundamental Research Exclusion
The Fundamental Research Exclusion (FRE) provides that technology (meaning “technical data”) or software that arises during, or results from, fundamental research and is intended to be published is excluded from the export control regulations. The exclusion does not extend to items that may be used during the course of fundamental research.
The exclusion for fundamental research from export controls applies to technical data only,
- When conducting fundamental research,
- With the intent to publish the results, AND
- You have accepted no publication/dissemination or access restrictions (i.e. your project is not subject to publication approval by sponsors or the government, nor have you accepted citizenship-based restrictions on who may be included on the research team).
University research will not be considered fundamental research if:
(i) The University or its researchers accept other restrictions on publication of scientific and technical information resulting from the project or activity, or
(ii) The research is funded by the U.S. Government and specific access and dissemination controls protecting information resulting from the research are applicable.”
Educational Information and Public Domain Exclusions
Educational information may be exported or “deemed” exported without an export license during instruction in courses regularly offered by universities. This exemption includes instruction in science, math and engineering concepts taught in courses listed in the university’s catalogue and associated teaching laboratories, even if the information concerns export controlled commodities or items.
Information that is published and generally accessible or available to the public through sales at bookstores or newsstands, subscriptions, libraries, patents available at any patent office, conferences, meetings, seminars or trade shows, or through fundamental research.
There are also some special exceptions to the export license regulations. These include shipments of limited value, gifts and humanitarian donations.