Fundamental Research in Export Controls
Fortunately, the vast majority of research undertaken by universities is considered to be fundamental in nature and is not subject to the Export Administration Regulations (EAR) or the International Traffic in Arms Regulations (ITAR). However, there are some important caveats to this broad statement which deserve further consideration in order to ensure that this safe harbor remains available.
Fundamental Research is generally defined as basic and applied research in science and engineering at accredited institutions of higher learning in the United States where the resulting information is ordinarily published and shared broadly. Research may no longer be considered fundamental if either the university or its researchers agree to restrictions on the publication of the results or on participation in the research effort based on citizenship status.
Furthermore, this definition applies only to the results of research conducted within the United States. It does not apply to export controlled commodities, software or technology used to perform fundamental research within the United States or exported abroad for use in international research collaborations. Nor does it apply to the results of research conducted in another country, even if conducted in collaboration with a United States institution.
United States or exported abroad for use in international research collaborations. Nor does it apply to the results of research conducted in another country, even if conducted in collaboration with a United States institution.
Violations of these regulations involve serious individual and institutional penalties. Please contact the Office of Research Compliance for assistance at 540-568-7025 whenever you are:
- engaging in research which requires sending or carrying United States Munitions List (USML) or Commerce Control List (CCL) commodities, software or technology abroad
- engaging in research which will be conducted abroad and involves items found on the USML or CCL, or
- if either you or the university have agreed to publication restrictions or participation restrictions based on citizenship.
The International Traffic in Arms Regulations (ITAR) restrict exports of articles, technical data and services specifically designed, developed, configured, adapted, or modified for a military application. A list of these restricted items can be found on the United States Munitions List: http://www.pmddtc.state.gov/regulations_laws/documents/official_itar/ITAR_Part_121.pdf
The Export Administration Regulations (EAR) restrict exports of commercial commodities, software and technologies which may also be used for defense purposes. A Commerce Control List can be found at: http://www.bis.doc.gov/policiesandregulations/ear/ccl_index.pdf