Our Position
The goal of export control guidance is to assure that the
faculty, students and staff of the University do not compromise
our academic standards and, as well, do not violate the export
control regulations.
The University of California is an internationally renowned,
academic research institution, attracting a student body, staff,
and faculty from around the world. Exchange of information
with foreign colleagues occurs both on and off campus and it
would be contrary to policy, as well as administratively impossible,
to attempt to place any restrictions on the conduct of research
and the dissemination of findings based upon citizenship status
or nationality. University policy is that classrooms, libraries,
laboratories, and specialized research facilities are open,
without regard to citizenship, residency status, or visa category.
To advance science, we must preserve the ability to communicate
and disseminate the results of fundamental research among visiting
scientists, scholars, students, and postdoctoral researchers,
without the necessity of inquiry or concern for citizenship
or residency status. To divide our community or limit access
to our research programs, libraries, or facilities is both
unworkable and unproductive.
At the same time, the University must comply with federal
regulations, including those promulgated under the Export Administration
Regulations and the International Traffic in Arms. These regulations
are crafted in such a manner that publicly available, fundamental
research results are excluded from the regulatory requirements
for approvals or licenses.
Specifically, publicly available
(EAR
reference - under 15 CFR 734.3(b)(3) and 734.7 through 734.11)
technology and software are not subject to the EAR and technical
data in the public domain (ITAR
reference - under 22 CFR 120.10(a)(5) and 120.11(a))is
exempt from the ITAR. In addition to general exclusions for
information disseminated in an education environment, or which
is publicly available or will be published, it is particularly
important to note the exemption for fundamental research. Both
the EAR and ITAR define fundamental research in a similar manner;
it is "basic and applied research in science and engineering
where the resulting information is ordinarily published and
shared broadly within the scientific community, as distinguished
from research the results of which are restricted for proprietary
reasons or specific U.S. Government access and dissemination
controls."
The right to publish and disseminate the results of University
research is a keystone principle of the University of California.
Fortunately, both EAR and ITAR recognize and protect the open,
academic environment in the above-cited sections. Accordingly,
no restrictions on foreign nationals' access to or participation
in the design, fabrication, or scientific results generated
in University-conducted fundamental research is required, as
long as there is open access to the technical data or technology,
and the results are shared broadly within the community. However,
in cases where the University is actually fabricating an item
for shipment outside the U.S., once the design is finalized
and scientific equipment fabricated, the University of California
will secure any required export licenses prior to shipment.
In this manner, the University can maintain an open academic
environment, but also comply with the export regulations.
