Export Control Definitions
- Actual Shipment from the US to a foreign destination of any covered good or item (including transfer to a US citizen abroad whether or not it is pursuant to a research agreement with the US government)
- The Electronic or digital transmission of any covered goods or items.
- Any release or disclosure, including verbal disclosure or visual inspections, of any technology, software or technical data related to export controlled items to a foreign national within the US.
- Actual use or application of covered technology on behalf of or for the benefit of a foreign entity or person anywhere.
Export Controls are US laws that regulate the distribution to foreign nationals and foreign countries of strategically important products, services and information for reasons of foreign policy and national security. Export controls apply to all activities – not just sponsored research projects.
Re-Exports are shipments or transmission of a U.S. - origin item or technology from one foreign country to another foreign country. U.S. export control jurisdiction extends to all U.S. – origin items and technology wherever they are located.
Deemed Exports are a transfer or “release” of information or software code to a foreign person in the U.S. The release is “deemed” to be an export to the home country of the foreign person.
Licenses may be required to ship or transfer “controlled” technology, data or items to certain countries (see Quick Reference Chart of Countries of Concern); to foreign nationals within the U.S. or outside the U.S.; to travel to certain countries; and/or to travel with certain items to certain countries. Applications for a license MUST be done BEFORE the activity occurs. The process can take 2-6 months or longer. There is no charge for a license. However, ITAR requires an annual registration fee of $1,750 per year, not per license.
A transfer can be made by:
- Actual shipment outside the U.S.
- Electronic or digital transmission
- Visual inspection in or outside the U.S.
- Written or oral disclosure
- Actual use or application on behalf or for benefit of foreign person or entity
A Foreign National/Foreign Persons is any person who is not a U.S. citizen, national or permanent resident (green card holder). The transfer, release or disclosure of technical data about controlled articles to foreign persons in the U.S. is considered a “deemed export.”
Fundamental Research, as used in the export control regulations, includes basic or applies research in science and/or engineering at an accredited institution of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly in the scientific community.
Public Domain is the term used for information that is published and generally accessible or available to the public through a variety of mechanisms. Publicly available software or technology is that which already is, or will be, published.
Export Control Classification Number (ECCN) is an alpha-numeric classification used in the Commerce Control List to identify items for export control purposes.