Foreign Collaborations & Exchanges of Technical Information:
Publicly available information or fundamental research can be shared with foreign colleagues as long as the recipients are not employees or representatives of the government of a sanctioned country, or restricted parties. This collaboration includes normal academic peer-review or publishing processes.
Research & Instruction Outside of the U.S.:
Teaching standard curriculum abroad or presenting research findings at international conferences or meetings generally do not present export-controlled issues, unless:
a. Samples or instruments require a license;
b. Controlled ITAR or EAR technology is not the result of fundamental research;
c. Disclosure of data triggers an ITAR defense service; and
d. Data received is under an NDA.
Note, engaging in a sidebar conversation that contains the kind of data described in b. – d. may trigger an export license requirement. Exporting any commodity abroad, even if to advance fundamental research, requires prior license review by the Export Control Office (ECO).
Research and course instruction conducted outside of the U.S. may not qualify for the fundamental research exclusion (FRE), and therefore may require an export control license. For instance, when interacting with foreign persons, you cannot provide a “defense service” which includes providing technical “know-how” related to the design, development, production, manufacturer, assembly, operation, repair, testing, maintenance or modification of a defense article or dual-use technology. Export control regulations may apply until the work is published or is otherwise in the public domain. Before teaching a course or disclosing information outside of the U.S. it is important to ensure that the information is not subject to export control laws and regulations.
Furnishing Financial Assistance:
OFAC regulations prohibit providing material financial assistance or anything of value, including services, to any blocked or sanctioned country, individual, entity or organization, including a government agency of a sanctioned country. This can involve subcontracts, international vendors or payments to research participants. For example, a professional presentation, whether or not it contains materials controlled under International Traffic in Arms Regulations (“ITAR”) or Export Administration Regulations (“EAR”), is a “service” and “something of value” provided to the recipient audience, under OFAC regulations. Contact the ECO for guidance and clearance before proceeding with this type of transaction.