The document provides an in-depth overview of the U.S. Department of Commerce’s Export Administration Regulations (EAR), particularly as they pertain to technology and technical data, and their intersection with the International Traffic in Arms Regulations (ITAR). It begins by clarifying what constitutes an “export” under the EAR, extending this not only to physical shipment of items but also to the release of controlled technology or software to foreign nationals within the U.S. (the “deemed export” rule). Specific attention is given to the mechanisms by which technology is considered “released”—such as visual inspection, oral communication, or the application of knowledge—and stresses that such activity is subject to regulation unless specific exclusions apply.
The document delineates several key exceptions: technology and software that are “published,” result from “fundamental research,” are “educational” as defined, or are included in patent applications generally are not subject to the EAR. “Fundamental research” is understood as basic or applied research at universities or certain research institutions, the results of which are ordinarily published and broadly shared, with loss of this status if research is subject to proprietary restrictions or government-mandated security controls. The handout provides numerous illustrative Q&A examples addressing scenarios such as participation in conferences, university instruction, corporate collaborations, publication of research, and consulting abroad, all with the aim of clarifying when activities are or are not controlled under export regulations. It emphasizes the significance of accessibility, pricing, and intent to publish in determining whether information is “publicly available” and thus exempt. The supplement also stresses that while EAR may not always restrict activities, individuals and institutions remain bound by other legal obligations, such as government contract terms or national security restrictions. Overall, the document is a practical guide to help academic, corporate, and research professionals navigate compliance with U.S. export laws regarding technology dissemination and collaboration.
