1. Rutgers Export Compliance Officer
Fundamental Research
Quick Reference
Robert Phillips
Rutgers Export Compliance Officer
09/11/2012

2. University Strategy
Protect fundamental research exclusion by eliminating contractual clauses that deny our ability to claim the exclusion.

3. Exclusions Fundamental Research
Basic and applied research in science and engineering, the results of which ordinarily are published and shared broadly within the scientific community, as distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary or national security reasons.
Public Domain
Publicly accessible through books, periodicals (hardcopy or electronic) and generally distributed media, unrestricted subscriptions and websites that are free (or available for less than production/distribution costs), libraries, patents or open (published) patent applications, release at open conferences, seminars and trade shows.

4. Exclusions Educational Information
Instructional content of curriculums for all students, including foreign nationals, that exist in general science, math and engineering principles commonly taught through courses, and associated teaching laboratories. Must be listed in course catalogs.
Employment
An ITAR license not required for colleges and universities to share information in the U.S. with a foreign person if that person:
Is a bona fide employee of the university — full time with benefits
Is not a national from an embargo country
Resides at a permanent address in the U.S. while employed
And, is advised in writing not to share covered technical data with any other foreign nationals without government approval.

5. What is not covered ITAR Controlled Hardware, Technology or Services.
EAR controlled equipment:
Equipment classified under EAR:
Rutgers will NOT disclose technology necessary for the "development," "production," or "use" of High Tech or experimental equipment.
New definition of “use” – must meet ALL SIX of the following activities:
Operation
Installation
Maintenance
Repair
Overhaul
Refurbishing

6. The Following may deny “Fundamental Research”
Forbids the participation of foreign nationals
Restrictions on the publication of the results of the project
Any agreements outside original
Non-disclosure agreement or acceptance of export-controlled information
The agreement requires sponsor approval prior to publication
Sponsor “Review” vs “Approval”
Okay to review and comment up to 60 days, but not approve
The government contract involves an ITAR project with access and dissemination of information controls
There is a transfer of defense services
Potential license requirements for work with foreign nationals

7. Red Flags Does the Project involve Export Control Clause
Access to location
Publication Restrictions (Approval Needed)
Foreign National Restrictions
Confidential Research
Shipping Equipment to a Foreign Country
Collaboration with Foreign Colleagues Abroad
Classified/Sensitive Matter
Software, Controlled Chemicals, Bio-Agents
Use for Weapon of Mass Destruction
Item or Software Modified for Military Use

8. Restrictive Clauses DFARS 252.204-7000
Prohibitions on disclosure of information (reference to unclassified but sensitive)
ARL
Approval of foreign nationals performing under contract, or reference to background checks
AFMC
Export Controlled Data Restrictions under ITAR
TACOM
Approval by Contracting Officer prior to release
ARO D1/2
Clearance and Release of Contractor Materials/Information
FAR (d)
Release and Use restriction
DD2345
Military Critical Technical Data Agreement: places a restriction as a condition of attending a conference or receiving data form the government

9. Contact
Rutgers Export Compliance Officer (RECO), Robert Phillips, is available to meet with individuals or groups to provide assistance, training or explain the regulations as they may be applicable to the work being done.
He can be reached at , or via at
The Export Compliance website: