Yes. In addition to the Fundamental Research Exclusion, the Public Domain Exclusion and Educational Information Exclusions may apply to University activities.
The Public Domain Exclusion includes information that is published and that is generally accessible or available to the public through:
- Sales at newsstands and bookstores
- Subscriptions which are available without restriction to anyone who may want to purchase the published information
- Second class mailing privileges granted by the U.S. Government
- Libraries open to the public or from which the public can obtain documents
- Patents available at any patent office
- Unlimited distribution at a conference, meeting, seminar, trade show or exhibition that is generally accessible to the public and is in the U.S.
- Public release (i.e., unlimited distribution) in any form (not necessarily published) after approval by the cognizant U.S. Government agency or department; and
- Fundamental research in science and engineering at accredited institutions of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly in the scientific community.
The Education Exclusion governs information released in academic catalog listed courses, or teaching labs associated with the courses. In other words, a faculty member teaching a course at the University may discuss what would otherwise be export‐controlled technology in the classroom or laboratory without an export license, even if foreign national students are enrolled in the course. The exclusion stems from ITAR’s recognition that “…information concerning general scientific, mathematical, or engineering principles commonly taught in schools, colleges, and universities, or information in the public domain…” should not be subject to export control restrictions. The educational instruction exclusion does not apply to proprietary information, and certain information deemed classified or sensitive by the Federal government.