Sponsored Programs Administration

Export Controls - Foreign Nationals & Deemed Exports

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UC Compliance Plan

The University of California attracts students, staff, and faculty from around the world. Exchange of information with foreign colleagues occurs both on and off campus. It is contrary to policy, as well as administratively impossible, to place restrictions on the conduct of research and the dissemination of findings based upon citizenship status or nationality. However, the University must comply with federal regulations, including the Export Administration Regulations and the International Traffic in Arms Regulations. These regulations are crafted in such a manner that publicly available, fundamental research results are excluded from the regulatory requirements for approvals or licenses.

Technical data that is "in the public domain" under ITAR or "publicly available" under EAR, including "fundamental research", is not subject to deemed export controls. Accordingly, the compliance plan at the University of California is based largely upon insuring that research results generated at the University meet the standards for "publicly available" thereby avoiding the necessity of securing a license prior to dissemination of information to foreign nationals involved in the research, including graduate students, post doctoral scholars, and visiting scientists. For University-based research, there are three different ways that the technical information may qualify for an exemption from the deemed export regulations. It is exempt if it:

  1. Is published or disseminated (as described at 15CFR734.7 and 22CFR120.11(a)(1) through (7))
  2. Arises during, or results from, fundamental research (as described at 15CFR734.8 and 22CFR120.11(a)(8)), or
  3. Is educational information (as described at 15CFR734.9 and 22CFR120.10(a)(5)) released by instruction in catalog courses or associated teaching laboratories of academic institutions.

The University's mission of education and research and the international nature of science and academic discourse, require that we maintain an open academic environment without regard to citizenship or visa status. The export regulations provide appropriate "safe harbors" for fundamental research to protect the University.