In general, the majority of exchanges between researchers off-campus can go forward without the requirement of an export license where the sole purpose of the meeting is to present research findings that have been or are intended to be published. Provided they do not concern detailed information regarding defense articles that are found on the Munitions List, international conferences and/or presentations of research which are limited to published or publishable research are covered by the “publicly available/public domain” exclusions provided by the regulations and no export license is needed when these discussions take place during participation in these conferences.
However, where there is the possibility of exchange with a foreign national or foreign entity of technical information not yet published regarding a defense article found on the Munitions List, the researchers should be aware of the following:
The U.S. Export Regulations (ITAR) only permits unlicensed export of:
Technical information which falls within the meaning of the first categories above and is NOT ITAR-controlled includes top-level drawings, top-level narrative descriptions or summaries of performance requirements, key subsystems, design capabilities or manufacturing facilities. Likewise, top-level description of reliability analyses, top-level block diagrams, top-level description of operational modes, top-level equipment layout drawings, and top-level predictions of power usage or consumption do not require a license.
However, technical information which IS likely to be ITAR-controlled, and thus require an export license before sharing with a foreign national or foreign entity, includes detailed information about “how-to” design, manufacture and test; design, manufacture, test methodology or philosophy; technical trade-off methodology or detailed alternatives, detailed test data or test procedures, detailed description of integration and test plans, or detailed schematics diagrams or interface information, as well as manufacturing or assembly processes or analytical methods of procedures.
Researchers should also be aware that exports of all other technical information about a defense article can take place either through exchange of documents, through oral exchanges in person or by telephone, or by electronic exchanges, including fax transmission or email. Furthermore, the ITAR prohibits the furnishing of assistance, including training, related to a defense article to foreign persons.