Foreign Military/Government Interactions

Stony Brook University (SBU) faculty are advised to use caution if approached by a foreign government, defense agency of a foreign government, or a foreign military unit for the conduct of research and/or training. Provision of such activities and/or interactions may be a Defense Service under the International Traffic in Arms Regulations (ITAR).

It is important to understand that this applies broader than control of military items (e.g., armament, chemicals, biologics).

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Important Concepts

Caution - any of the below, even if using Public Domain information may be considered a Defense Service.

(1) The furnishing of assistance (including training) to foreign persons, whether in the United States or abroad in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles;

(2) The furnishing to foreign persons of any technical data controlled under the USML, whether in the United States or abroad; or

(3) Military training of foreign units and forces, regular and irregular, including formal or informal instruction of foreign persons in the United States or abroad or by correspondence courses, technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice.
Not Subject to the ITAR, Public Domain (22 CFR § 120.34)

(a) Public domain means information which is published and which is generally accessible or available to the public:

(1) Through sales at newsstands and bookstores;

(2) Through subscriptions which are available without restriction to any individual who desires to obtain or purchase the published information;

(3) Through second class mailing privileges granted by the U.S. Government;

(4) At libraries open to the public or from which the public can obtain documents;

(5) Through patents available at any patent office;

(6) Through unlimited distribution at a conference, meeting, seminar, trade show or exhibition, generally accessible to the public, in the United States;

(7) Through public release (i.e., unlimited distribution) in any form (e.g., not necessarily in published form) after approval by the cognizant U.S. Government department or agency (see also §125.4(b)(13) of this

(8) Through fundamental research in science and engineering at accredited institutions of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly in the scientific community. Fundamental research is defined to mean basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. Government access and dissemination controls. University research will not be considered fundamental research if:

(i) The University or its researchers accept other restrictions on publication of scientific and technical information resulting from the project or activity; or

(ii) The research is funded by the U.S. Government and specific access and dissemination controls protecting information resulting from the research are applicable.

(b) [Reserved]
(§120.11(a)(8) Public domain)

(a) Public domain means information which is published and which is generally accessible or available to the public:

(8) Through fundamental research in science and engineering at accredited institutions of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly in the scientific community. Fundamental research is defined to mean basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. Government access and dissemination controls. University research will not be considered fundamental research if:

(i) The University or its researchers accept other restrictions on publication of scientific and technical information resulting from the project or activity, or

(ii) The research is funded by the U.S. Government and specific access and dissemination controls protecting information resulting from the research are applicable.

Export Control Review

Such assistance could come in the form of correspondence courses, technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice.

It is important to note that even information residing in the public domain, including the results of fundamental research, would fall under the definition of Defense Service if used to provide training or aid to a foreign military unit or force.
The Export Control Compliance team is the point of contact for all export licenses for SBU.

Request for a license is submitted to the Department of State, Directorate of Defense Trade Controls. Licenses may take up to six months to receive depending upon the nature of the project and the foreign country. Licensing is not guaranteed.

Return to the Guidance & Procedures for Export Control Compliance