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Technical Data and Software Export


Recommended Steps Related to Technical Data Exchange

Publications and Personnel Restrictions:

  • Do publish research results in a timely manner (e.g. early and often) through one of the means that qualifies as "publicly available" or "in the public domain." Publicly available technology and software is that which is:
      1. Already published or will be published in journals, books, open Web sites, or other media available to a community of persons interested in the subject
      2. Published through release at open conferences and meetings
      3. Arises during or results from fundamental research, where the resulting information is ordinarily published and shared broadly within the scientific community and where no contractual controls have been accepted
      4. Educational information released by instruction in catalog courses and associated teaching laboratories of the University
      5. Included in certain patent applications. Prior to publication, consult with the SDSU Technology Transfer Office - TTO if the data concerns a patentable invention.
  • Do identify projects with "deliverables" to foreign countries to your Department and the SDSURF Analyst and Export Control at the proposal and/or award stage.
  • Do not accept publication controls/restrictions such as prior sponsoring agency approval of manuscripts or access/dissemination restrictions, such as approval requirements for access to or use by foreign nationals.
  • Do not provide citizenship, nationality, or visa status information for project staff to sponsors or other third parties or include such information in proposals. It is a violation of the INS regulations, of the federal Privacy Act, and the California Information Practices Act to do so.
  • Do not agree to background checks or other arrangements where the sponsoring agency screens, clears, or otherwise approves project staff. University policy allows for background screening conducted by the University when appropriate to the position.
  • When invited and permitted to attend conferences/meetings that are held in the United States or hosted by the federal government, where foreign nationals are prohibited from attending, do attend in the capacity as a University employee. However, do not accept and do not bring to SDSU, any material which is labeled as export controlled, without consulting Export Control first and implementing a technology control plan. Do not accept information that is marked both "confidential" and "subject to U.S. Export Control laws." Do not disclose any controlled scientific and technical information related to export controlled items that you receive at the meeting through verbal, written, electronic, or visual disclosure, or share with foreign nationals any controlled scientific and technical information related to export controlled items.
  • When signing the federal Department of Defense form DD2345 (entitled, "Militarily Critical Technical Data Agreement") as a condition of attending a conference/meeting or receiving export restricted materials from the federal government or other sources, consult Export Control first and implement a technology control plan.
  • Do not enter into secrecy agreements or otherwise agree to withhold results in research projects conducted at the University or that involve University facilities, students, or staff.
  • Do not enter into any Confidentiality/Non-Disclosure Agreements that contain language that restricts dissemination based on citizenship status or securing export licenses.
  • Do not accept proprietary information, commodities, or equipment from a commercial contractor that is marked "Export Controlled". Return to the manufacturer any materials provided about export controlled equipment that is marked "confidential".
  • Contact Export Control at least 3 months in advance for planned travel to conduct research or educational activities to the embargoed countries of Cuba, Iran, North Korea, Sudan or Syria to determine whether a license from the Department of Treasury, Office of Foreign Assets Control, and/or Bureau of Industry and Security is required.
Recommended Steps Related to Software:
  • Do make software and technical data available for general distribution for research, educational, and non-profit purposes in accordance with SDSU copyright policy.
  • If the source code of a software program is publicly available for the purposes listed above, then the machine readable code compiled from the source code is software that is publicly available and, therefore, not subject to the EAR.
  • Do ask the software provider to identify the Export Control Classification Number (ECCN) that controls the software, and contact Export Control and we will determine if there are any needed licenses.
  • Do not agree to software license restrictions on access to or use of the software by nationals of certain countries or restrictions on dissemination.
  • Do not agree to software license restrictions on dissemination of the "direct product" of the software. "Direct product" is defined as a process or service that arises directly from use of the software.
  • Certain types of software contain export restricted encryption, contact Export Controls to discuss any encryption software source code restrictions.

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For More Information

Division of Research Affairs
Export Control

Gateway Center, Rm 3518
San Diego State University
5250 Campanile Dr., MC 1933
San Diego, CA 92182

 

Phone: 619-594-0758
Fax: 619-594-4109
Email: zhovda@mail.sdsu.edu