What Is An Export?

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⇐Return to Export Controls

An export is:

• Any oral, written, electronic or visual disclosure, shipment, transfer or transmission outside the United States to anyone, including a U.S. citizen, of any commodity, technology (information, technical data, or assistance) or software/codes

• Any oral, written, electronic or visual disclosure, transfer or transmission to any person or entity of a controlled commodity, technology or software/codes with an intent to transfer it to a non-U.S. entity or individual, wherever located (even to a foreign student or colleague at WKU)
•  Any transfer of these items or information to a foreign embassy or affiliate

Export laws regulate the distribution to foreign nationals and foreign countries of strategically important technology, services and information to protect national security, foreign policy, and economic goals. These laws apply to all activities - not just sponsored research projects.

 

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Where export control regulations apply and where no regulatory exemption is available, an export license will be required before export-controlled items or information can be shared abroad or on campus, with foreign nationals participating or collaborating in affected research projects. The following activities, among others, may be restricted:

• The exported time may have actual or potential military applications.
• The exported item may create economic protection issues.
• The government may have concerns surrounding the destination country, organization, or individual who is receiving the export.
• The government may have concerns about the declared or suspected use or user of the exported item.

The majority of research conducted on campus is not subject to export controls, either because the research does not involve export-controlled items or data, or because research involving such items or data qualifies for an exclusion from the regulations.

 

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There are two exclusions that are relevant to academic research: the fundamental research exclusion and the public domain exclusion. These exclusions will be voided, however, if researchers sign side agreements (including material transfer and non-disclosure agreements) that contain publication restrictions or restrictions on who can participate in the research. It is vital that you do not sign any agreements that pertain to export controls, without first consulting with the Office of Sponsored Programs and/or the Office of Compliance or that contain any language that restricts publication or who can participate in the research.

Please refer to our Exclusions & Exemptions page for more information.