Research projects (funded and unfunded) and their related activities (i.e. shipments, travel, collaborations, purchases, sharing of non-public (export controlled) information) should be reviewed for compliance with the export control regulations.
Most research projects at SBU will be determined to be Fundamental Research - however - an export license or documented license exception may still be required for other related activities.
See the Guidance & Procedures documents for how to review related activities.
Information resulting from research projects
- Information and software (except for certain encryption source code) resulting from Fundamental Research is excluded from the export control regulations.
- Information and software resulting from Proprietary Research is subject to the export control regulations.
Research is not Fundamental Research if:
- The University or its researchers accept other restrictions on publication of scientific and technical information resulting from the project or activity, or
- The University or its researchers accept any foreign national participation restrictions, or
- The research is funded by the U.S. Government and specific access and dissemination controls protecting information resulting from the research are applicable.
*The above applies to both verbal and written agreements.
IMPORTANT: Under the International Traffic in Arms Regulations (ITAR) Fundamental Research is limited to research "in science and engineering at accredited institutions of higher learning in the U.S".
Resource: Department of Commerce, Bureau of Industry and Security FAQ (page 4 of 15):
"What is considered fundamental research under the EAR" and "What types of research are NOT considered fundamental research under the EAR"
Things resulting from research projects
Things created during research (e.g. materials, equipment, prototypes) are subject to the export regulations when resulting from either Fundamental or Proprietary Research and may require an export control license to ship/transfer internationally.
Software is more nuanced , click here for a discussion on Software.
Access to Export Controlled Item/Information or Third-Party Proprietary Information while conducting research
Foreign persons (even if employees) may require an export control license or documented license exception for access to:
- Items/Information controlled under the International Traffic in Arms Regulations (ITAR)
- Items/Information more tightly controlled under the Export Administration Regulations
- Third-party proprietary information that is export controlled
Even while working on Fundamental Research projects in the U.S.