MIT complies fully and completely with all United States export control laws and regulations, including those implemented by the Department of Commerce through its Export Control Regulations (EAR), the Department of State through its International Traffic in Arms Regulations (ITAR), the Department of Energy through its policy on Assistance to Foreign Atomic Energy Activities, as well as those imposed by the Treasury Department through its Office of Foreign Assets Control (OFAC).
Under the Fundamental Research Exclusion, according to National Security Decision Directive #189 [website], research results are freely publishable and there is no restriction on access and dissemination of the research results (“fundamental research”).
Although export controls cover a wide range of activities, the following are most pertinent to academic research:
- Research carried out at institutions of higher education in the United States in areas involving controlled technologies. However, where there are no publication restrictions, foreign national or access and dissemination restrictions shall in most instances satisfy the requirements for fundamental research and no license is required.
- Shipment of controlled hardware and software outside the United States may require a license under the appropriate regulations (i.e., EAR, ITAR, or OFAC).
- MIT will apply for licenses.
- Appropriate time (4–6 months) must be allowed to obtain licenses prior to shipment.
- Technical assistance agreements where U.S. citizens or permanent residents are providing the training of foreign nationals where a controlled technology is involved requires a license and MIT will apply for such licenses.
- Research carrying restrictions on publications and foreign nationals or where export controlled data is provided to and used by researchers in a laboratory and that would require a license for foreign nationals to participate (i.e., “deemed exports”) is generally in conflict with MIT’s policy on Openness in Research [website].
- See MIT Export Control website for a detailed description of MIT Policy Statements on Export Controls, Export Control Boot Camp, resources, and links