EMU Research
Exclusions and Exceptions
Exclusions
Fundamental Research Exclusion
The Fundamental Research Exclusion (FRE) applies to all basic and applied science and engineering research results provided that the results are published and shared broadly within the scientific community with no restrictions or controls placed on access or dissemination. If a funding agency places restrictions on publication or the research is considered proprietary (i.e., industrial development, design, production, and product testing), then the FRE cannot apply and the research may be subject to Export Controls. The Office of Research Development and Administration at EMU reviews funding contracts for such restrictions to ensure that the research falls under the FRE. Note that the FRE does not apply for activities conducted by EMU faculty, staff, or students on behalf of external organizations or to activities not conducted on the EMU campus or on the campus of another university. The FRE also applies to research only and does not cover other potentially Export Controlled activities, such as equipment used in conducting research that may otherwise fall under the FRE.
In addition, the FRE only applies to research conducted on behalf of EMU within the United States. Export Controls may apply to research conducted in other countries or to consulting work in other countries. If you plan to conduct your research outside of the US, please contact the Office of Research Compliance.
Public Domain Exclusion
The Public Domain Exclusion (PDE) applies to publicly available and accessible information, technology, and software. In order to meet the PDE, information must be freely available to the public without controls on access.
Educational Information Exclusion
The Educational Information Exclusion (EIE) applies to information that is taught in catalog courses and associated teaching laboratories. The EIE only applies to material that is either taught as a part of a class/lab or is usually taught in schools, colleges, or universities (i.e., typically a part of a course syllabus). Such information can be disseminated to foreign nationals within the United States without being subject to Export Controls.
This Exclusion does not apply to descriptions and characteristics of items, materials, technology, and software used for national defense. In addition, teaching overseas and material delivered as a part of an online course may not qualify for the EIE. In addition, the EIE does not apply when a course incorporates information or materials that are export controlled or when the course content strays from the syllabus into areas that may be export controlled (e.g., a follow-up discussion in class about how to assemble and disassemble an export-controlled item).
Travel or Teaching Abroad
Export Control regulations do not distinguish between items that are shipped and items that are carried during travel. You might be subject to Export Control regulations if you are traveling or teaching abroad. For example, travel to Cuba, traveling with a laptop or other device containing export-controlled information, or disclosure of data subject to ITAR or EAR regulation (either in the curriculum or during a side conversation), would require a license. If you plan on traveling or teaching in another country and have questions about Export Controls relating to your activities, contact the Office of Research Compliance.
Temporary Exports
Travelers might qualify for a Temporary Export Exception. If laptops or other electronic or digital storage devices (and related software) meet the following qualifications, they might be exempt from Export Controls:
- Used for professional purposes
- Returned within 12 months
- Kept under control of the exporter
- Security precautions (e.g., secure connections, personal firewalls, passwords, etc.) are used
There is also a license exception for personal items intended only for personal use. These exceptions do not apply to Cuba, Iran, North Korea, North Sudan, or Syria. If you have questions about whether your device qualifies for a Temporary Export Exception, contact the Office of Research Compliance.
