The presentation authored by Robert Hardy addresses the concept of "deemed exports" and its implications for research universities in the context of U.S. export control regulations, particularly under the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). Deemed exports refer to the transfer or disclosure of controlled technologies or technical data to foreign nationals within the United States, with the regulations aiming to safeguard sensitive technologies, including those developed for commercial use. A significant focus is placed on the Fundamental Research Exclusion (FRE), which generally exempts information arising from basic and applied research at accredited U.S. higher education institutions from export controls, so long as there are no publication or access restrictions. However, a series of Inspector General (IG) reports suggested that access to controlled technology by foreign nationals—even in the context of fundamental research—may still require licensing, potentially undermining the FRE and altering the open academic environment traditionally prevalent in U.S. universities.
The presentation further details the evolving responses from both the academic community and federal agencies. University leaders expressed concerns that heightened export control enforcement could severely impact international collaboration and research activities, leading to extensive assessments of campus access to controlled technologies and potentially burdensome compliance measures. Federal agencies acknowledged the importance of maintaining U.S. leadership in science and technology but held firm that deemed export rules had not changed, emphasizing the need for better understanding and compliance. In response, national academic organizations such as the AAU and COGR formed task forces to coordinate dialogue with government agencies and to develop unified strategies for compliance and advocacy. The outlook recommends that universities exercise due diligence in managing export controls and prepare for continued scrutiny, while also advocating for clear policies that support the fundamental research environment. The presentation concludes by encouraging coordinated efforts within the academic community and the pursuit of productive dialogue with policymakers to balance national security concerns with the preservation of academic openness and innovation.
