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Export Control
UC Compliance Plan
The University of California attracts students, staff, and faculty from around the world. Exchange of information with foreign colleagues occurs both on and off campus. It is contrary to policy, as well as administratively impossible, to place restrictions on the conduct of research and the dissemination of findings based upon citizenship status or nationality. However, the University must comply with federal regulations, including the Export Administration Regulations and the International Traffic in Arms Regulations. These regulations are crafted in such a manner that publicly available, fundamental research results are excluded from the regulatory requirements for approvals or licenses.
Technical data that is "in the public domain" under ITAR or "publicly
available" under EAR,
including "fundamental research," is not subject to deemed export
controls. Accordingly, the compliance plan at the University
of California is based largely upon insuring that research results
generated at the
University meet the standards for "publicly available," thereby
avoiding the necessity of securing a license prior to dissemination
of information to foreign nationals involved in the research,
including graduate
students, post-doctoral scholars, and visiting scientists. For
University-based research, there are three different ways that
the technical information
may qualify for an exemption from the deemed export regulations.
It is exempt if it:
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Is educational information (as described at 15CFR734.9 and 22CFR120.10(a)(5)) released by instruction in catalog courses or associated teaching laboratories of academic institutions.
The University's mission of education and research and the international
nature of science and academic discourse require that we maintain
an open academic environment without regard to citizenship or visa status.
The export regulations provide appropriate "safe harbors" for fundamental
research to protect the University.
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