EXPORT REVIEW PROCEDURES GUIDE


APPENDIX 4: Tips on Education/Course Content
Taught Without review
May Need Review
Regularly taught in Undergraduate courses and
Material released in catalog courses is general y
teaching laboratories and listed regularly in course
considered publicly available, except for the following
catalogs so information is publicly available (e.g.,
areas:
published in textbooks)
a. Encryption (EAR) (may need license);
In the U.S. and abroad
b. Principles not commonly taught (ITAR),
c. Principles @ professional/business level; &
d. Sensitive nuclear technology (DoE)
Courses in economics, foreign languages, history,
Graduate Level Courses or that have external,
literature, music, writing have subject matter that is not business level attendees may not be covered by this
within the scope of the export controls, which focus on
exception.
control ed items and the resources needed to make

them

Courses with content within the scope of ITAR (possibly Courses with unusual content or certain expertise not
in physics, nuclear science, or mining): “information
otherwise known should be evaluated for consistency
concerning general scientific, mathematical or
engineering principles commonly taught in schools,
colleges and universities“ is excluded from the definition
of ITAR-control ed “technical data” and is not subject to
ITAR controls §120.10(a)(5)
Fall under the scope of Dept. of Energy, 10 CFR 810
Note: Course material may be excluded from export
(including some courses in Nuclear Science, Engineering controls, BUT, may be considered a “Defense Service”
and/or Physics) and
under ITAR, (§120.9(a)(1)), if
furnishing public information, including information “in

university courses”, is generally authorized, provided no 1. follow-on discussion (outside normal scope) or
sensitive nuclear technology is transferred “Sensitive
2. active selection, collection, and transfer of the
nuclear technology” means information (including
uncontrolled course material
tangible items and services) not available to the public
meets the defense services definition/coverage
that is important to the design, construction,

fabrication, operation, or maintenance of a uranium

enrichment or nuclear fuel reprocessing facility or a
facility for the production of heavy water. 10 CFR
§810.3, 810.7

DoE has pointed out that fol ow-on-questions and
discussion can go beyond the public information and
into practical implementation, which requires specific
authorization. Some of the above is based on verbal
discussion or other resources, and cannot be readily
identified in the current regulations
Thank you to the MIT Office of Sponsored Programs and Cal Tech for their amazing materials published on
their website and for sharing this information and examples.


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