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Export Controls Travel Briefing

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Read the travel briefing document by clicking [HERE] and use the information contained in the travel brief in concert with the web materials provided below. The below information provides background while the travel briefing itself provides some specific concerns and behaviors.

Information that is considered Public Domain may not be subject to Export Controls or the International Traffic and Arms Regulations. However, individual investigators are responsible to consult the Export Regulations, the Military Critical Technologies list and the International Traffic and Arms Regulations prior to foreign disclosure of information outside of the scope of the following definition.

Definition of Public Domain

Information that is published and which is generally accessible or available to the public:

1. Through sales at news stands and bookstores;
2. Through subscriptions which are available without restriction to any individual who desires to obtain or purchase the published information;
3. Through second class mailing privileges granted by the U.S. Government; or
4. At libraries open to the public or from which the public can obtain documents;
5. Through patents available at any patent office;
6. Through unlimited distribution at a conference, meeting, seminar, trade show or exhibition, generally accessible to the public in the U.S.;
7. Through public release (i.e., unlimited distribution) in any form (e.g., not necessarily in published form) after approval by the cognizant U.S. Government department or agency;
8. Through fundamental research in science and engineering at accredited institutions of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly within the scientific community. Fundamental research is defined to mean basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. Government access and dissemination controls. University research will not be considered fundamental research if:
   1. The University or its researchers accept other restrictions on publication of scientific and technical information resulting from the project or activity, or
   2. The research is funded by the U.S. Government and specific access and dissemination controls protecting information resulting from the research are applicable. ITAR (22 CFR 120-130 (reference c).

Technology Collection Trends and other Export Issues

The U.S. Department of Commerce (DoC) regulates certain dual-use technologies by the Export Administration Regulations (EAR) and the U.S. Department of State controls the export of defense articles; defense services and defense related technical data through the International Traffic in Arms Regulation (ITAR). Each employee is personally responsible for safeguarding sensitive and export-controlled data and information from disclosure to foreign persons without prior approval. A license from the U.S. government is required before a foreign national has access to hardware or technology controlled by either the U.S. Department of Commerce or the U.S. Department of State.

It is also important to be sure that information presented at conferences, etc., does not divulge information subject to export control regulations. When contracts require public release authorization or coordination, requests for authorization and/or coordination shall be submitted prior to the release of a publication/presentation.

The following URL's may be of interest to you if you are concerned about technologies which are controlled by EAR and ITAR:

1. The U.S. Munitions List (technologies covered under ITAR) : State Department - Defense Trade Controls
2. The Military Critical Technologies List: http://www.dtic.mil/mctl/
3. The Department of Commerce Export Administration Regulations: http://bxa.fedworld.gov/

This information is provided as a service only to supplement your personal obligations of compliance with export regulations