Information that is regulated for reasons of national security, foreign policy, anti-terrorism or non-proliferation. The International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR) govern this data type. Current law requires that technical data be stored in the U.S and that only authorized U.S. citizens be allowed access to it. Transferring technical data to a foreign person is considered transferring the data to the person's home country, and is therefore considered an export of technical data. Traveling with certain technical data to a foreign country can also be considered transferring the data to another country, so precautions must be followed.
Research at UC Davis is excluded from the “deemed export” rules under the Fundamental Research Exclusion (FRE) as long as the research is ordinarily published and shared with the scientific community without any access or publication restrictions. Physical exports and proprietary research do not fall within FRE. Universities conducting research that falls under the FRE may have foreign individuals work within the lab while still complying to EAR and ITAR.
If the data is not ordinarily published in the scientific community without restrictions, it may fall in the "deemed export" list and require a license with the U.S. State Department's Directorate of Defense Trade Controls (DDTC) to be exported. Foreign individuals may use controlled exports within the U.S., but the technical information about the exports may be restricted in accordance to EAR.
ITAR and EAR apply not only to sending data to foreign individuals outside of the country, but also to technical data being brought by citizens on trips to foreign countries via laptop, flash drive, hard drive or any other physical means. When traveling internationally with information restricted by ITAR or EAR, the following criteria must be followed: only a U.S. citizen working for the U.S. government or U.S. corporation that owns the data may use or see the technical data abroad, and the technical information must be protected in accordance with the requirements of the Department of Defense National Industrial Security Program Operating Manual, or, if given, guidelines set by the Directorate of Defense Trade Controls. Recipients of the hand-carried technical data must be employed by a U.S. Government agency or a member of the same U.S. corporation as the traveler, and not a foreign subsidiary.
- Chemical and biological agents
- Scientific satellite information
- Certain software or technical data
- Military electronics
- Nuclear physics information
- Documents detailing work on new formulas for explosives
Craig C. Allison, email@example.com
Brian Mitchell Warshawsky, JD, CCEP
Systemwide Export Control Officer
Office of Ethics, Compliance and Audit Services
University of California, Office of the President