What are Common Exemptions from Export Controls?
For intangible materials like Technical Data and Software, the following exemptions exist:
- Public domain or publicly available information (e.g. open source software)
- Information commonly taught in schools and universities
- Information disclosed in a U.S. patent application
- Information resulting from fundamental research intended for publication (there must be no publication or access restrictions)
For tangible items like hardware, equipment, tools and materials, there are sometimes limited exceptions under strict conditions to certain countries which often prove difficult to meet, such as:
- LVS (Shipments of Limited Value)
- TMP (Temporary Exports)
- SCP (Support for the Cuban People), and so on.
Do not attempt to ship or transport any items utilizing an export exception without first consulting with Lab Export Control, who will confirm if the exception is applicable to your case and advise you of any special documentation and reporting requirements to take advantage of the exception.
IMPORTANT: There is no “commercially available” exception. Items freely available for purchase within the U.S .are still export controlled for purchase or end use by those outside the U.S.