Research and Economic Development

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Definitions

Deemed Export

Providing, transferring, or disclosing technology, information, etc. to a foreign national within the United States. Methods of disclosure include:

  • Fax
  • Telephone conversations
  • E–mail communications
  • Face–to–face discussions
  • Tours of labs
  • Training sessions
  • Computer data
Defense service (ITAR at 22 CFR §120.9)
The furnishing of assistance, including training to foreign persons, whether in the U.S. or abroad, in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing, or use of defense articles (those listed on the United States Munitions List).
Export

Transfer to a foreign person in the U.S. or abroad of:

  • Controlled technology
  • Information
  • Equipment
  • Software
  • Services

Transfer can be 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 a foreign person or entity
Export Administration Regulation (EAR)
The Department of Commerce implements the EAR, which bars the export of items, technology, and technical information found on the Commerce Control List to foreign countries without appropriate export license. EAR covers the transfer of dual-use commercial goods. Dual-use technologies are those that have both a legitimate civilian and military use.
Foreign National (Foreign Person)
  • Any person who is not a lawful permanent resident of the U.S.
  • Any foreign corporation or other entity or group that is not incorporated or organized to do business in the U.S.
  • Any foreign government
Fundamental Research
Basic or applied research in science and/or engineering at an accredited institution of higher learning in the United States from which the resulting information is ordinarily published and shared broadly in the scientific community. Fundamental research is distinguished from research that results in information that is restricted for proprietary reasons or pursuant to specific U.S. government access and dissemination controls.
International Traffic in Arms Regulation (ITAR)
The Department of State implements the ITAR, which regulates the export of items on the U.S. Munitions List and technical information about them.
Office of Foreign Assets Control (OFAC)
The U.S. Department of the Treasury administers and enforces economic and trade sanctions against targeted foreign countries, terrorism-sponsoring organizations, and international narcotics traffickers, based on U.S. foreign policy and national security goals. They regulate economic trade with foreign countries and administer the statutory economic trade sanctions imposed against several foreign countries. The sanctions range from partial to full trade embargoes and are imposed in addition to other U.S. export control law penalties.
Public Domain

This refers to information that is published and generally accessible or available to the public. It includes information available:

  • through sales at newsstands and bookstores
  • through subscriptions that are available without restriction to any individual who desires to obtain or purchase the published information
  • through second-class mailing privileges granted by the U.S. government
  • at libraries open to the public or from which the public can obtain documents
  • through patents available at any patent office
  • through unlimited distribution at a conference, meeting, seminar, trade show or exhibition
  • through publication in any form or media after approval by the cognizant U.S. government department or agency
Restricted or Embargoed Countries
ITAR regulations at Section 126.1 specify countries to which exports and sales are prohibited. Currently, it is the policy of the United States to deny licenses, other approvals, exports and imports of defense articles, and defense services to: Afghanistan, Belarus, Cuba, Iran, Iraq, Libya, North Korea, and Vietnam; countries with which the U.S. maintains an arms embargo (e.g., Burma, China, Haiti, Liberia, Rwanda, Somalia, Sudan, and Democratic Republic of the Congo (formerly Zaire); countries with which the United National Security Council maintains exports and sales embargoes (Angola); countries determined by the Secretary of State to have repeatedly provided support for acts of international terrorism (Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria).
Technical data
  • Information other than software as defined in 22 CFR §120.10(4), 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, and documentation.
  • Information covered by an invention secrecy order
  • Software as defined in 22 CFR §121.8(f) directly related to defense articles.