Important Concepts 

• "Open" Conference, Meeting, or Seminar Conditions (Events)

  An Event is considered open if it is open to technically qualified members of the public. Attendees will be permitted to take notes or otherwise make a personal record (but not necessarily a recording) of the proceedings and presentations.  If included, the registration fees are typical for other similar events at other locations/venues. 

  Export controlled items, software, or technical data cannot be released at open conferences. Follow-up discussions may also be considered a defense service if the information provided is not in the public domain. 

  Events not considered open must be reviewed by the Export Control Compliance team. 
• Publicly Available/Public Domain Information

  The export control regulations include categories of information that are considered "publicly available" (under the Export Administration Regulations)/"public domain" (under the International Traffic in Arms Regulations) (available to the public without any restrictions).  

  Overview of Regulatory Definitions of Publicly Available, Public Domain, and Published 

• Defense Service Definition

  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.

Attending Events - Export Control Review

• Is the Event "open"?

  See above in Important Concepts - Open Events 

  Even if the Event is open attendees should be careful to not share any proprietary, unpublished, or export controlled information with other attendees. 

  An export license may be required for the disclosure of this information to a particular attendee.

  See above in Important Concepts - Defense Service.

• What to consider for Events that are not "Open"?

  Events not considered open may require a non-disclosure agreement, U.S. government clearance, or a Military Critical Technology Data Agreement DD2345.   

  Contact the Export Control Compliance team if attending a closed Event where:

  • Classified Information, Controlled Unclassified Information, export controlled information or other sensitive information/data will be brought back to SBU
  • A DD2345 is required

  Government Classified and Controlled Unclassified Information Overview

• Does the Event require a non-disclosure agreement?

  Events that require non-disclosure agreements are not "open" Events. Non-disclosure agreements are reviewed by Intellectual Property Partners in consultation with the Export Control Compliance team. 

  More information on Non-Disclosure Agreements
• Is the Event in an embargoed/sanctioned country?

  Attending a conference in an embargoed country requires a specific license or a general license. 

  Examples:

  • Iran - specific license required
  • Cuba - documented applicability of a general license. 

  Any travel to an embargoed/sanctioned country must be reviewed by the Export Control Compliance team. 

• Is it a virtual or hybrid Event hosted by a person/entity in an embargoed/sanctioned country?

  Attending a virtual or hybrid Event hosted by a person or entity in an embargoed/sanctioned country may require a specific license or a general license. 

  Attendance at an Event hosted by a person or entity in an embargoed/sanctioned country must be reviewed by the Export Control compliance team. 

Presenting at Events - Export Control Review

Presenters at events overseas or domestically with international participants are responsible for understanding export laws and regulations and how they apply to their respective disciplines and/or situations.  Presenters should review the below information in addition to the Attending section above. 

• What is being presented?

  Is the information: 

  1) Publicly Available, in the Public Domain or Published Information. Information that is not Publicly Available, in the Public Domain, or Published is subject to the Export Control laws and regulations and an export classification will need to be conducted to determine if any of the information is export controlled.  Classification of Items and Information Overview,or

  2) Considered a Critical or Emerging Technology, or

  3) Controlled for national security reasons.

  Presentations  where information is not Publicly Available, in the Public Domain, or Published; or considered  Critical or Emerging Technology; or controlled for national security reasons must be reviewed by the Export Control Compliance team. 

• Will there be a Q&A session or opportunity for questions from the audience?

  It is important to be careful to not share any proprietary, unpublished, or export controlled information at Q&A sessions or sidebars.  

  An export license may be required for the dislcosure of this information to a particular attendee. 

  See above in Important Concepts - Defense Service.

SBU Events (Hosting) - Export Control Considerations

• What type of information will be shared?

  Is the information: 

  1) Publicly Available, in the Public Domain or Published Information. Information that is not Publicly Available, in the Public Domain, or Published is subject to the Export Control laws and regulations and an export classification will need to be conducted to determine if any of the information is export controlled.  Classification of Items and Information Overview, or

  2) Considered a Critical or Emerging Technology, or

  3) Controlled for national security reasons.

  Events where information is not Publicly Available, in the Public Domain, or Published; or considered  Critical or Emerging Technology; or controlled for national security reasons must be reviewed by the Export Control Compliance team. 

• Is the Event Open?

  See above in Important Concepts - Open Conference

  Events not considered open must be reviewed by the Export Control Compliance team. 

• How will it be held?

  Consider if the Event will be held in person, virtually, or hybrid.   

  Even if the Event is open, Events held virtually or hybrid may require an export license or be prohibited to include sanctioned/embargoed countries. 

Does the SBU Hosted Event Need an Export Control Compliance Review? 

Event Type	Venue	U.S. Participants	International Participants	Export Control Review Required
Open	In-Person	Yes	No	No
Open - Participation Limited to SBU faculty, staff, and students	In-Person	Yes	Yes	No
Closed -Participation is Limited	In-Person	Yes	Yes	Yes
Open	Hybrid	Yes	No	No
Open - Participation Limited to SBU faculty, staff, and students	Hybrid	Yes	Yes (but in U.S.)	No
Open - Participation Limited to SBU faculty, staff, and students	Hybrid	Yes	Yes (but not in U.S.)	Yes
Open	Hybrid	Yes	Yes	Yes
Closed - Participation is Limited	Hybrid	Yes	Yes	Yes
Open	Virtual	Yes	Yes (but in U.S.)	No
Open - Participation Limited to SBU faculty, staff, and students	Virtual	Yes	Yes (but in U.S.)	Yes
Open - Participation Limited to SBU faculty, staff, and students	Virtual	Yes	Yes (but not in U.S.)	Yes
Open	Virtual	Yes	Yes	Yes
Closed - Participation is Limited	Virtual	Yes	Yes	Yes

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Return to the Guidance & Procedures for Export Control Compliance