This document, produced by the Council on Governmental Relations (COGR) for a 2001 session, provides an extensive overview of U.S. Department of Commerce export regulations as they relate to the Export Administration Regulations (EAR), with particular focus on definitions and implications for academic, research, and commercial environments. It delineates what constitutes an export under 15 CFR Part 734, emphasizing that not only physical shipments but also the release of technology or software to foreign nationals within the U.S.—the so-called "deemed export"—can be subject to EAR controls. The document outlines exemptions for publicly available information, technology resulting from fundamental research, and educational information disseminated via catalog courses of academic institutions. “Publication” is defined broadly, encompassing accessibility through various media, university libraries, patents, and open conferences. The regulations clarify that fundamental research—basic and applied research usually published and disseminated within the scientific community—is largely exempt, unless subject to sponsor-imposed publication or national security restrictions, with specific distinctions drawn for university, federal, and corporate research.
The handout includes a detailed question-and-answer supplement clarifying practical scenarios related to publication, dissemination at conferences, educational instruction, industry-university collaboration, contract-controlled government research, consulting activities, software export, and publicly available information. It highlights crucial factors in determining whether exports require licenses, such as the accessibility of information, the nature of prepublication review, venue openness of scholarly gatherings, and institutional policies. Several examples illustrate that exports of information are not generally subject to the EAR if the data is genuinely public or arises from unrestricted, fundamental research. However, proprietary, restricted, or contractually controlled data, interactions involving certain foreign nationals, or activities entailing the transfer of software and technology not considered "published" or "publicly available," may necessitate export controls. The document underscores the importance for researchers, educators, and institutions to clearly understand the boundaries between controlled and exempted activities to ensure compliance with federal export regulations, thereby balancing national security interests with the open dissemination of academic and technological knowledge.
