![]() ![]() This requirement does not include the development of processes or procedures for commercialization of patents. In these situations, the principal investigator (PI) must notify the facility security officer immediately. In the normal course of a sponsored project, certain aspects of the work may develop in such a way that the federal government may require classification. Materials must remain intact and unopened. If an employee receives classified materials, the employee must contact the facility security officer immediately. The employee may need security clearances to perform certain types of research at contractor facilities. If an employee is requested by an outside agency to obtain a security clearance, the employee should contact ASU’s facility security officer for assistance. Security clearancesĪSU, as an institution, does not engage in classified work on campus. On occasion, however, access to classified materials may be necessary. Other exemptions may apply to exports of equipment and services even if the fundamental or public domain exemptions do not.įor assistance in determining whether a project is subject to export controls, see the “ Export Control Wizard ” or contact us. They do not apply to things (physical items including, for example, specified scientific equipment) or services (e.g., training foreign nationals inside or outside the United States). The fundamental research and public domain exclusions apply only to information or technical data. The ITAR exception requires that the information has been published (EAR 732.2, 734.7 ITAR 120.11(8)). The EAR requires that the information has been, is about to be, or is ordinarily published. The EAR and ITAR define public domain differently. Both the EAR and ITAR provide that no license is needed to disclose technical information to foreign nationals inside the United States in classes or laboratories, at conferences or in publications if the information is in the public domain. Public domain: term used for information that is published and generally accessible or available to the public through a variety of means. ![]() If the subject of review involves a contract with publication restrictions of any type (including pre-publication approvals), for other than the sponsor’s review of its proprietary information, you may not rely on the fundamental research exception. government access and dissemination controls. Fundamental research is distinguished from research that results in information restricted for proprietary reasons, national security reasons or pursuant to specific U.S. where the results will be published and shared broadly in the scientific community (and under the EAR where the resulting information has been or is about to be published). Most of the research and education activities taking place at Arizona State University (ASU) are excluded from export controls because ASU can assert the fundamental research exception.įundamental research exception: this exception in both EAR and ITAR pertains to basic or applied research in science and engineering performed or conducted at an accredited institution of higher learning in the U.S. Possible exceptions applicable to university research Department of Treasury that covers sanctioned countries controls. The Office of Foreign Assets Control (OFAC) is the part of the U.S.Department of State and cover military work, defense goods and services (whether used by the military or not). The International Traffic in Arms Regulations (ITAR) are administered by the U.S.They cover dual use (civilian or military) technology. The Export Administration Regulations (EAR) are administered by U.S.Three sets of federal regulations come into play when the “licensed controlled actions” are involved in university sponsored research: The end use or the end user of the export are of concern.There are governmental concerns about the country, organization or individual receiving the information or technology.The nature of the export has a military application or economic protection issues. ![]() Export controls may arise for one or more of the following reasons: Export control regulations are federal laws governing the export, transfer or sharing of certain commodities or information for reasons of national security or protections of trade. ![]()
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