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Export Controls: Key Terms and Definitions

Dual-use technologies
EAR
Export control laws
Export
Deemed Export
Foreign national
Fundamental Research
ITAR
OFAC
Public Domain

Dual-use technologies: Those technologies that have both a legitimate civilian and military use.

EAR: Export Administration Regulations (U.S. Department of Commerce) One of three main agencies responsible for regulating the export control laws.

Export control laws: "Export Control" is a term used to refer to a set of laws and regulations that restrict when we can send certain goods and technology and performance of services overseas or to foreign persons in the United States. These laws and regulations are in place for the following reasons: to restrict exports of goods and technology that could contribute to the military potential of U.S. international adversaries; to prevent proliferation of weapons of mass destruction; to advance U.S. foreign policy goals; and to protect the U.S. economy and promote trade goals.

Export: Any oral, written, electronic or visual disclosure, shipment, transfer or transmission of commodities, technology, information, technical data, assistance or software codes to anyone outside the US including a US citizen; a non-US individual wherever they are ("deemed export"); a foreign embassy or affiliate

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

Foreign national: Anyone who is not a U.S. citizen (by birth or naturalization), or a permanent resident of the U.S.

Fundamental Research: Fundamental research, as used in the export control regulations, includes basic or applied research in science and/or engineering at an accredited institution of higher education in the U.S. where the resulting information is ordinarily published and shared broadly in the scientific community or where the resulting information has been or is about to be published.

ITAR: International Traffic in Arms Regulations (U.S. Department of State) of the United States Department of State which controls the export of "defense articles and defense services." One of three main agencies responsible for regulating the export control laws.

OFAC: Office of Foreign Asset Control (U.S. Treasury Department) of the United States Department of Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries, terrorists, and those engaged in activities related to the proliferation of weapons of mass destruction. One of three main agencies responsible for regulating the export control laws.

Public Domain: 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. To fall under this exclusion, there are a number of conditions that demonstrate public availability which are enumerated in the EAR.

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