High Performance Computing and Export Control at Lehigh

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What You Need To Know

Before placing any information on the Lehigh HPC servers, consider if the information is Technical Data or Technology that could be Released to a Foreign Person who has access to the server, and whether that information is potentially export controlled under the laws and regulations outlined below. If you have questions or are unsure, contact the Office of Research Integrity at inexport@lehigh.edu, prior to placing the information on the server.

Please also note that if any student, RA, GA, or other third party is accessing a shared server under your allocation - whether individual or departmental - you are responsible for all information or data placed on a shared server by these users. If you or a third party under your supervision currently have potentially export controlled information on the HPC servers, please email inexport@lehigh.edu as soon as possible.

Technical Data refers to specific information required for the development, production, or use of a product. The information can take the form of technical data or technical assistance. Technical assistance may take forms such as instruction, skills training, working knowledge, or consulting services. Technical assistance may involve transfer of technical data.

Technical Data / Technology may be in any tangible or intangible form, such as written or oral communications, blueprints, drawings, photographs, plans, diagrams, models, formulae, tables, engineering designs and specifications, computer-aided design files, user manuals or documentation, electronic media or information revealed through visual inspection.

Technical Data, as defined under the ITAR, 22 C.F.R. § 120.10, means:

  1. Information (other than software as defined in number 4 below) which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles. This includes information in the form of blueprints, drawings, photographs, plans, instructions or documentation.
  2. Classified information relating to defense articles and defense services
  3. Information covered by an invention secrecy order; or
  4. Software... directly related to defense articles.

Note: this definition does not include the following:

  • Information concerning general scientific, mathematical, or engineering principles commonly taught in schools, colleges, and universities,
  • information in the public domain, or
  • basic marketing information on function or purpose or general system descriptions of defense articles.

Technology, as defined under the EAR, 15 C.F.R. § 772, means:

  • Information necessary for the ‘development,’ ‘production,’ ‘use,’ operation, installation, maintenance, repair, overhaul, or refurbishing... of an item.

Failure to comply with export control law exposes both you and Lehigh University to severe criminal and civil penalties, as well as to administrative sanctions, such as the loss of export privileges and research funding. It is critical for faculty, staff and other researchers to understand their obligations under the regulations and take the requisite steps to comply.