Code of Federal Regulations (CFR) — The United States Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the Federal Government.
Commerce Control List (CCL) - A list of items under the export control jurisdiction of the Bureau of Industry and Security, U.S. Department of Commerce. The CCL is found in Supplement 1 to part 774 of the EAR.
Commerce Control List (CCL) Category - The CCL is divided into ten categories: (0) Nuclear Materials, Facilities and Equipment, and Miscellaneous; (1) Materials, Chemicals, Microorganisms, and Toxins; (2) Materials Processing; (3) Electronics Design, Development and Production; (4) Computers; (5) Telecommunications and Information Security; (6) Sensors and Lasers; (7) Navigation and Avionics; (8) Marine; (9) Propulsion Systems, Space Vehicles, and Related Equipment.
Commerce Control List (CCL) Group - The CCL is divided into 10 categories. Each category is subdivided into five groups, designated by the letters A through E: (A) Equipment, assemblies, and components; (B) Test, inspection and production equipment; (C) Materials; (D) Software; and (E) Technology.
Defense Article - (ITAR 120.6) means any item or technical data designated in the USML. This term includes technical data recorded or stored in any physical form, models, mock-ups, or other items that reveal technical data directly relating to defense articles. It also includes forgings, castings, and other unfinished products, such as extrusions and machined bodies, that have reached a stage in manufacturing where they are clearly identifiable by mechanical properties, material composition, geometry, or function as defense articles, It does not include basic marketing information on function or purpose or general system descriptions.
Defense Service - (ITAR 120. 9) means the furnishing of assistance, including training, anywhere (inside the United States or abroad) to foreign persons in the design, development, engineering, manufacture, production, assembly, testing repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles, whether in the United States or abroad; or (b) The furnishing to foreign persons of any technical data, whether in the United States or abroad, or (c) military training of foreign units and forces, including formal or informal instruction of foreign persons in the US..
Deemed exports -- transfers of controlled technology to foreign persons, usually in the U.S., where the transfer is regulated because the transfer is “deemed” to be to the country where the person is a resident or a citizen. In a university setting, a deemed export could occur by providing controlled technology to foreign or visiting faculty, research assistants and students.
Dual-use - Items that have both commercial and military or terrorism or proliferation applications. While this term is used informally to describe items that are subject to the EAR, purely commercial items are also subject to the EAR (see §734.2(a) of the EAR).
End-use - A detailed description of how the ultimate consignee intends to use the commodities being exported.
End-user - The person abroad that receives and uses the exported or reexported items. The end-user is not a forwarding agent or intermediary, but may be the purchaser or ultimate consignee.
Export - An actual shipment or transmission of items out of the United States. "Items" include commodities, software or technology, such as clothing, building materials, circuit boards, components or parts, blue prints, design plans, retail software packages and technical information.
Export Administration Regulations - The Export Administration Regulations (EAR), Title 15, sections 730-774 of the Code of Federal Regulations (CFR), means the regulations promulgated and implemented by the Department of Commerce that regulate the export of goods and related technology identified on the Commodity Control List (CCL).
Export control - The set of laws, policies, and regulations that govern the export of sensitive items to a country or entity.
Export Control Classification Number (ECCN) - The number used to identify items on the Commerce Control List that are subject to the export licensing authority of the Bureau of Industry and Security. The ECCN is used to identify the level of control placed on an item, which in turn determines where it may be exported with or without an export license.
Exporter - The person who has authority to send items out of the country.
Export license - The approval documentation issued by an export agency authority authorizing the recipient to proceed with the export, reexport, or other regulated activity as specified on the application.
Foreign Corrupt Practices Act - The Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. ("FCPA"), was enacted for the purpose of making it unlawful to provide anything of value to foreign government officials in order to obtain an unfair business advantage. In short, the FCPA prohibits the making (or promising to make) of bribes to foreign government officials.
Foreign National - Under the EAR, any person who is not a citizen or Permanent Resident Alien of the U.S. or certain asylees (See Immigration and Naturalization Act (8 U.S.C. 1324b (a) (3)). “Foreign national" is not an ITAR term per se, but the ITAR defines the term “foreign person” as any natural person who is not a lawful permanent resident or who is not a “protected individual”, and also includes any corporation, business association, partnership society, trust or any other entity, organization or group that is not incorporated to do business in the United States, as well as international organizations and foreign governments (e.g. diplomatic missions.)
Forwarding agent - This is the person in the country of origin who is authorized by a principle party in interest to perform the services required to facilitate the export of the items from the country of origin. This may include air couriers or carriers.
Fundamental Research - Basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community. Such research can be distinguished from proprietary research and from industrial development, design, production and product utilization, the results of which are ordinarily restricted for proprietary reasons or specific national security reasons. University based research is not considered "fundamental research" if the university or its researchers accept (at the request, for example, of an industrial sponsor) other restrictions on publication of scientific and technical information resulting from the project or activity.
Fundamental Research Exclusion - Information arising from fundamental research activities at an accredited university in the United States is not subject to US government export controls. The EAR provides that university research normally will be considered as fundamental research unless the university or its researchers accept sponsor restrictions on publication of scientific and technical information resulting from the project or activity. The EAR specifically permits limited prepublication reviews by research sponsors to prevent inadvertent divulging of proprietary information provided to the researcher by the sponsor or to insure that publication will not compromise patent rights of the sponsor. The citation for the official definition of fundamental research under the EAR is 15 CFR § 734.8.
The ITAR states that university research will not be deemed to qualify as fundamental research if: (1) the university or its researchers accept any restrictions on publication of scientific and technical information resulting from the project or activity; or (2) the research is funded by the US government and specific access and dissemination controls protecting information resulting from the research are applicable. The ITAR citation is 22 CFR § 120.11(a) 8).
Good - Any article, natural or man-made substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technology.
International Trafficking in Arms Regulations (ITAR) – The International Traffic in Arms Regulations (ITAR), 22 CFR §§ 120-130, means the regulations promulgated and implemented by the Department of State that control the export of articles, services, and related technical data that are designed, developed or modified for military or space applications, as determined by the State Department. These “defense articles,” “defense services,” and related “technical data” are listed on the Munitions List (USML), 22 CFR § 121. Some articles and technologies that are not readily identifiable as inherently military in nature—for example, research satellites—are included on the USML.
Public Domain - (ITAR; 22 CFR § 120.11) means information which is published and which is generally accessible or available to the public: (1) through sales at newsstands and bookstores; (2) through subscriptions which are available without restriction to any individual who desires to obtain or purchase the published information; (3) through second class mailing privileges granted by the U.S. government; (4) at libraries open to the public or from which the public can obtain documents; (5) through patents available at any patent office; (6) through unlimited distribution at a conference, meeting, seminar, trade show, or exhibition, generally accessible to the public, in the United States; (7) through public release (i.e., unlimited distribution) in any form (e.g., not necessarily in published form) after approval by the cognizant U.S. government department or agency; and (8) through fundamental research in science and engineering at accredited institutions of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly in the scientific community.
Reexport - An actual shipment or transmission of items (or release of technology) subject to export regulations from one foreign country to another foreign country. In other words, sending something from the US to country X with the knowledge that it will then be sent to country Y. Such re-exports may require a US government export license..
Specially Designated National (SDN) - a list of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries, published by the Office of Foreign Assets Control (OFAC). It also lists individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. Collectively, such individuals and companies are called "Specially Designated Nationals" or "SDNs." Their assets are blocked and U.S. persons are generally prohibited from dealing with them.
Technical assistance - Technical assistance may take forms such as instruction, skills training, working knowledge, consulting services, and may also involve the transfer of technical data.
Technical data – means:
(1) Information 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;
(4) Software directly related to defense articles;
(5) This definition does not include information concerning general scientific, mathematical or engineering principles commonly taught in schools, colleges and universities or information in the public domain. It also does not include basic marketing information on function or purpose or general system descriptions of defense articles.
Technology - Specific information necessary for the “development”, “production”, or “use” of a product. The information takes the form of “technical data” or “technical assistance”.
(1) Development technology is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design,, integration design or layouts.
(2) Production technology is related to all production stages such as product engineering, manufacture, integration, assembly (mounting) inspection, testing or quality assurance.
(3) Use technology refers to operation, installation (including on-site installation), maintenance (checking) repair, overhaul and refurbishing. Under the EAR, all six elements must be present in order to qualify as a "use" technology. As a result, simple operation of a piece of equipment does not result in the release of "use" technology.
US Munitions List - The list of articles, services and related technical data that are designated as defense articles and defense services pursuant to the Arms Export Control Act.
U.S. person - an individual who is a citizen of the United States or a permanent resident of the US (i.e. green card holder). Persons who have been issued a visa to work, study or visit the US are NOT considered US persons.