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. Export controls may arise for one or more of the following reasons:

  • The nature of the export has a military application or economic protection issues.
  • There are governmental concerns about the country, organization or individual receiving the information or technology.
  • The end use or the end user of the export are of concern.

Three sets of federal regulations come into play when the “licensed controlled actions” are involved in university sponsored research:

Possible exceptions applicable to university research

Most of the research and education activities taking place at Arizona State University are excluded from export controls because ASU can assert the fundamental research exception.

  • Fundamental 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. 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). Fundamental research is distinguished from research that results in information restricted for proprietary reasons, national security reasons or pursuant to specific U.S. government access and dissemination controls. 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.
  • Public domain: Term used for information that is published and generally accessible or available to the public through a variety of means. 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. The EAR and ITAR define public domain differently. The EAR requires that the information has been, is about to be, or is ordinarily published. The ITAR exception requires that the information has been published (EAR 732.2, 734.7; ITAR 120.11(8)). The fundamental research and public domain exclusions apply only to information or technical data. 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). Other exemptions may apply to exports of equipment and services even if the fundamental or public domain exemptions do not.

For Export Control FAQs see this document.

Export Controls at ASU is managed by the Research Compliance Exports team.   

Activities and services include:

  • Export reviews of requests for proposals, award terms and conditions, non-disclosure agreements and material transfer agreements.
  • Oversight of Export Control Technology Control Plans.
  • Oversight of Publication Waivers.
  • I-129 Reviews.
  • Visual Compliance Reviews (screening foreign partners, entities and individuals).
  • Classification of items.   For determining whether a project is subject to export controls, first see the “Export Control Wizard” 
  • License determination. 
  • Apply for license.
  • Oversight of Visual Compliance usage.
  • Foreign travel review, oversight of Travel Letters.
  • Review of Visiting Scholar Letters.
  • Review of International Remote Work Questionnaires.

For assistance or export control questions, please contact us.