There are occasions where outside parties are interested in filming or photographing in a non-public space on campus. This guidance is intended to supplement existing campus policies and guidance and provide criteria for determining if an export compliance review is required prior to filming and/or photographing non-public spaces* on campus.
Export Compliance
Prior to any filming or photographing of a non-public space, determine if an export compliance review is required.
Does the space have any equipment, materials, software, and/or technical data/technology that are:
• Controlled under the International Traffic in Arms Regulations (ITAR)?
• Controlled under the Export Administration Regulations (EAR) designated as 600 or 900 series?
• Otherwise designated by a vendor, supplier, federal agency or sponsor as proprietary or controlled?
Is the space used for any of the following activities?
• Fee-for-service
• Proprietary research
• Research conducted under a Technology Control/Management Plan (TCP or TMP)
• Services and/or research otherwise restricted by a federal agency or sponsor
If you answered YES to any of the above, an export compliance review is required prior to filming or photographing. To complete this review contact the SBU Export Compliance Officer at ovpr_exports_admin@stonybrook.edu or 632-1954.
Best Practices
Protect Technical Data and Technology during Filming/Photographing
• Consult with Stony Brook University’s Cybersecurity team for assistance in creating a safe computing environment for non-public information.
• Store any non-publicly available physical items (i.e., drawings, materials, reports, manuals) in a locked cabinet/storage unit.
• Do not permit photographing or filming of export controlled items that would release technical data or technology through visual inspection.
Definitions
Deemed Exports
Transfer of export controlled technical data and/or technology to a foreign person in the U.S. is considered a deemed export and may require an export authorization (license).
Note: Technical data and/or technology that is not publicly available and/or is not intended for public distribution is subject to the export control regulations.
Space
• Non-Public Space
Space that is not freely accessible to a member of the public (i.e., faculty offices, laboratories, administrative offices)
• Public Space
Space that is generally open and accessible to the public (i.e., classrooms, lecture halls, library, sports complex)
Technical Data - International Traffic in Arms Regulations (ITAR)
The ITAR defines Technical Data as information that is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of a defense article (items controlled under the ITAR).
Technology - Export Administration Regulations (EAR)
The EAR defines Technology as information necessary for the “development”, “production”, “use”, operation, installation, maintenance, repair, overhaul, or refurbishing of an item (items controlled under the EAR).
Related Policies
P205: Tours of the Division of Laboratory Animal Resources (DLAR)
P300: Information Security Program Administration Policy
P517: Use of Campus Facilities
*Companies that rent space on campus are responsible for their own export compliance