International Academic Activities

Each of the export control regimes provides for international educational activities — but each takes a slightly different approach. EAR provides that educational information released by instruction in catalog courses, and associated teaching laboratories of academic institutions (except for certain encryption technology), is not subject to the EAR §734.3(b)(3)(iii). ITAR provides that information concerning general scientific, mathematical or engineering principles, commonly taught in schools, colleges and universities, is not included in the definition of technical data subject to the ITAR §120.10(a)(5).

The International Academic Activities review process ensures we screen and identify when export control issues may be present in international academic activities.

The university activity organizer and/or responsible person is responsible for seeking and obtaining prior approval for the conduct of international academic activities.

The Office of International Education (OIE) is responsible for performing Restricted Party Screening and identifying export control issues related to the international academic activity.

The Export Control Officer (ECO) is responsible for reviewing and resolving identified export control issues.

When conducting a course or part of a course outside the U.S., the following export control concerns should be evaluated:

• Are there students from OFAC sanctioned countries or terrorist states? (Iran, Sudan, Cuba, Iraq, Syria, North Korea, Crimea, etc.). Teaching cannot occur with these students without a license.
• Are there any students on the restricted parties list? Teaching cannot occur for these students.
• Are the course materials transferring knowledge on “principles not commonly taught”?
• Is there sensitive nuclear technology being taught?

Individuals responsible for offering distant educational courses will screen courses to ensure no restricted or controlled information or technology is introduced into the course curriculum or customized training program.

See: 300.02 Checklist, Course Content Review

Both the ITAR and the EAR provide that certain information commonly provided during classroom instruction is not subject to export controls. Such information, even if it relates to items included on the USML or the CCL, does not fall under the application of export controls.

General Education Information

• ITAR: General scientific, mathematical or engineering principles commonly taught in schools, colleges and universities.
• EAR: Publicly available “educational information,” if it is released by instruction in catalogue courses and associated teaching laboratories of academic institutions.
• Publicly available information

Any questions about course content should be directed to the Export Control Officer.

Information that is normally taught or released by the university as part of the normal instruction in a catalog course or in an associated teaching laboratory is considered Educational Information and, as provided for under the federal regulations, is NOT subject to export controls.

RPS is required for all students enrolled in a TAMU-CC credit bearing program outside the United States who:

• Are Foreign Persons;
• Have not previously attended TAMU-CC; and
• Are not enrolled as continuing students at a college or university based in the U.S.

For export control purposes, Foreign Nationals are defined as those individuals who are not U.S. citizens, Permanent Residents (“Green Card” holders) or recipients of Political Asylum status. Hence, Foreign Nationals are individuals who are a lawful permanent resident of the United States (i.e., a “green card” holder with temporary immigrant visa status including but not limited to H-1, O-1, J-1, F, and B-visa beneficiaries), or a “protected individual” as defined in 8 USC 1324b(c)(1&2) (e.g., refugees or persons seeking asylum).

Organizers of the international academic activity fill out 200.02 Form, Export Control Restricted Party Screening. Organizers will select “International Academic Activities” to the first question asking, “Why are you submitting this request?”.

The form then routes to the Office of International Education (OIE) for review. If no export control issues are identified, OIE will approve the form and the organizer can proceed with planning.

If export control issues are identified, OIE forwards the form to the Export Control Officer (ECO) for further review. The ECO will contact the organizer to resolve the issues.

When teaching or presenting research results abroad, there is no export control license requirement as long as what is being presented is the results of fundamental research intended for publication or to be published. However, if you depart from this framework and present any form of data which is proprietary to another part or restricted by the sponsor’s contract or funding mechanism, then the FRE education and conference exclusions no longer apply.