Educational Information
Overview
Educational information is an important concept under U.S. export control regulations.
Certain information released through academic instruction or involving general scientific, mathematical, or engineering principles commonly taught at universities may be excluded from certain export control requirements.
Whether educational information is excluded from export control requirements depends on the applicable export control regulations, the nature of the information, how and where it is provided, and other circumstances of the activity.
Important: Educational information protections generally apply to information provided through qualifying educational activities. They do not automatically apply to equipment, materials, software, technology, technical data, proprietary information, or other controlled information received or used as part of an educational activity.
REQUEST AN EXPORT CONTROL REVIEW
When May Information Qualify as Educational Information?
Information may qualify for educational treatment when it is:
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Released through instruction in a catalog course of an academic institution.
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Released through a teaching laboratory associated with a catalog course.
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General scientific, mathematical, or engineering principles commonly taught in schools, colleges, and universities.
The specific requirements differ under the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR).
What May Affect Educational Information Status?
Certain circumstances may require additional export control review even when an activity occurs in an academic or instructional setting.
Examples include:
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Proprietary or confidential technical information.
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Sponsor- or third-party-provided controlled technology or technical data.
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Specialized technical training outside regular academic instruction.
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Access to export-controlled equipment, software, technology, or technical data.
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Defense articles or related technical information.
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International shipments or transfers.
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Research activities conducted outside the instructional scope of a course.
The fact that an activity occurs at a university or involves students does not, by itself, mean that all information, equipment, or technology associated with the activity is excluded from export control requirements.
Contact ORS when an educational activity may involve controlled technology, technical data, software, equipment, or specialized technical training.
Common Considerations
Foreign national participation in ordinary academic instruction does not, by itself,
create an export control licensing requirement for information that qualifies for
educational treatment. However, separate export control requirements may apply when students receive access
to controlled technology, technical data, software, equipment, proprietary information,
or other information outside the scope of qualifying educational instruction. Information provided through teaching laboratories associated with academic courses
may qualify for educational treatment. However, equipment, materials, software, technology, technical data, and proprietary
information used in the laboratory may remain subject to export control requirements
and should be evaluated separately when appropriate. Educational instruction and research activities should be evaluated separately. A student may receive information through academic instruction that qualifies for
educational treatment and subsequently participate in research involving controlled
equipment, technology, software, technical data, or proprietary information. Participation in a course does not, by itself, authorize access to export-controlled
information or items as part of a research activity. Educational information protections do not mean that every item or activity associated
with a course is excluded from export controls. Export control requirements may still apply to: Equipment and instrumentation. Materials and components. Software and source code. Sponsor- or third-party-provided technology. Proprietary technical information. Export-controlled technical data. International shipments or transfers. International travel with equipment or technology. Foreign-person access to controlled technology or technical data. The export control status of these items and activities must be evaluated separately
from the educational information. Specialized technical training may require additional review, particularly when it
involves controlled equipment, technology, technical data, defense articles, or information
provided by a government agency, sponsor, company, or other third party. The fact that training is provided by the University does not necessarily mean that
the information qualifies for educational treatment. Contact ORS when technical training falls outside regular academic instruction and
may involve export-controlled information, equipment, software, or technology.
Frequently Asked Questions
Can foreign national students participate in courses involving advanced scientific or technical subjects?
Generally, yes. Foreign national participation does not, by itself, prevent information provided through qualifying academic instruction from receiving educational treatment under applicable export control regulations.
Does educational information treatment apply to equipment used in a course?
Generally, no. Educational information provisions primarily address information provided through qualifying educational activities. Equipment, materials, software, technology, technical data, and other items used in conducting the activity may remain subject to export control requirements.
Does taking a course allow a student to access the same information or technology in a research laboratory?
Not necessarily. Educational instruction and research activities are evaluated separately. Access to controlled technology, technical data, software, equipment, or proprietary information as part of research may require separate export control review.
Does all University training qualify as educational information?
No. Specialized technical training or instruction outside ordinary academic courses may require separate review, particularly when controlled technology, technical data, software, equipment, or defense articles are involved.
Does educational information mean export controls do not apply to my course or teaching laboratory?
No. Even when information qualifies for educational treatment, export controls may still apply to equipment, materials, software, controlled technology, technical data, proprietary information, international transfers, or other activities associated with the course or laboratory.
Related Guidance
| Related Guidance | Description |
|---|---|
| Fundamental Research | Learn when information, technology, or software arising during or resulting from university research may be excluded from export control requirements. |
| Publicly Available Information | Learn when publicly available information is excluded from export control requirements and when additional restrictions may still apply. |
| Export Administration Regulations (EAR) | Learn about export controls governing commercial and dual-use items, software, and technology. |
| International Traffic in Arms Regulations (ITAR) | Learn about export controls governing defense articles, defense services, and technical data. |
| Government Information | Guidance for receiving, accessing, using, storing, sharing, and protecting government-controlled information. |
Federal Regulatory References
| Federal Regulatory Reference | Description |
|---|---|
| Export Administration Regulations (15 CFR § 734.3) | Addresses information and software that are not subject to the EAR, including information and software released through instruction in a catalog course or associated teaching laboratory of an academic institution. |
| International Traffic in Arms Regulations (22 CFR § 120.33) | Defines technical data and excludes information concerning general scientific, mathematical, or engineering principles commonly taught in schools, colleges, and universities. |
Need Assistance?
If you are uncertain whether information provided through a course, teaching laboratory, training activity, or other educational activity qualifies for educational treatment, or whether equipment, software, technology, technical data, or other aspects of the activity may be subject to export control requirements, contact the Office of Research Security.