Using Restricted Material at MIT
If you are using (or need to use) restricted material on campus, you must have an approved Technology Control Plan (TCP). The plan contains a description of the material, why it is needed, the name of the responsible individual, the names of individuals who are permitted to access the material, and a protocol for keeping the material secure. To learn more about TCPs, contact MIT’s Export Control Officer.
What to Know
- Information in the public domain or publicly available is not subject to export controls and should be used whenever possible
- Technical items and technologies that are not available to the public are restricted by export control
- The stringency of restrictions vary by the importance of security for the item
Restricted Material Classification in Order of Priority
- US Department of State regulates items subject to ITAR including:
- US Department of Commerce regulates dual-use items subject to EAR including:
Impact on Research
- Using EAR99 technology in research is acceptable. Commerce Department guidance is that it cannot be transferred to Cuban nationals or members of the government of Iran, which does not result in restriction of the actual MIT community.
- It’s generally acceptable to use EAR-controlled equipment in research on campus, if the technology is limited to that necessary to operate the export controlled equipment (not the technology required for operation, installation, maintenance, repair, refurbishing and overhaul), without restriction on nationalities able to participate in the research. It must be protected from export to countries that will vary depending on its export classification.
- When an ITAR-controlled article is the product of published fundamental research (public domain information), transfer of ITAR-controlled technical data is unlikely.
- EAR99 items must be protected from export to the terrorist-supporting countries, currently China, Cuba, Iran, North Korea, (North) Sudan, and Syria.
- EAR-controlled items or equipment with ECCNs 9x515 or nx6nn require caution, because the transfer of technology for operation (for example) to many non-US persons without a license would be a deemed export violation.
- EAR-controlled technology other than EAR99 cannot be transferred to individuals from countries requiring an export license (this is “deemed export”). This technology cannot be used in research on the MIT campus unless the Principal Investigator requests, and the VP for Research approves, an exception to MIT’s Open Research and Free Interchange of Information Policy
- ITAR-controlled technical data or services cannot be transferred to non-US persons. Exposing ITAR-controlled articles to non-US persons may result in a transfer of ITAR-controlled technical data about the article. ITAR articles, technical data, or defense services cannot be used in research on the MIT campus unless the Principal Investigator requests, and the VP for Research approves, an exception to MIT’s Open Research and Free Interchange of Information Policy
Contact the MIT Export Control Compliance Team at firstname.lastname@example.org, or by phone at 617-253-2762 (Janet Johnston).