Export Controls

Deemed Export: The dissemination or transmission of export-controlled information or technology to a Foreign Person located in the U.S. The U.S. Government deems that release of export-controlled information or technology to be an export to the Foreign Person’s country of citizenship.

Export: An export is any “item” that is sent from the U.S. to a foreign destination. For the purposes of export control, the term “item” includes: commodities, software or technology, such as clothing, building materials, circuit boards, automotive parts, blueprints, intellectual property, design plans, retail software packages and technical information. The method of transport out of the U.S. does not matter to the U.S. Government and items can be exported by regular mail; hand-carried on an airplane; sent via facsimile; uploaded to or downloaded from an Internet site; distributed by email or text message; spoken via a telephonic or in-person conversation; or other means of dissemination.

Export Control Laws: A set of federal statutes and regulations that regulate the transfer of certain information, commodities, materials, technology, and software. The three primary sets of export control regulations are the Export Administration Regulations, the International Traffic in Arms Regulations, and the Office of Foreign Assets Control regulations.

• Export Administration Regulations (EAR): The EAR is overseen by the U.S. Department of Commerce’s Bureau of Industry Security (BIS). The BIS regulates commercial and “dual-use” (those with commercial and military applications) items. 
  
• International Traffic in Arms Regulations (ITAR): The ITAR is overseen by the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC). The DDTC regulates military and space-related technologies.
• Office of Foreign Assets Control (OFAC) Regulations: The OFAC is part of the U.S. Department of the Treasury and regulates transactions with nations and entities subject to embargoes, boycotts, and trade sanctions.

Foreign Person: For the purposes of export control, a “Foreign Person” is anyone who is not a U.S. Person. Under the EAR, the U.S. Commerce Department considers the individual’s most recent citizenship and their permanent residence. Under the ITAR, the U.S. State Department considers the individual’s country of origin/birth and all current citizenships.

Fundamental Research: As defined by the U.S. Government, “Fundamental Research” is “basic and applied research in science and engineering, the results of which are ordinarily published and shared broadly within the scientific community, as distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary or national security reasons.” Although the results of Fundamental Research are exempt from export control, the application of the exemption is limited and it can be nullified by publication or participation restrictions. Furthermore, the conduct of Fundamental Research can be export-controlled when the research uses equipment, technology or software that is subject to the EAR or ITAR.

U.S. Person: For the purposes of export control, a “U.S. Person” is defined as a U.S. citizen, a U.S. entity, a U.S. permanent resident (Green Card Holder), or a person lawfully in the U.S. under certain protected refugee or asylum designations. A U.S. person may engage in export-controlled activities; however, some types of U.S. Government-restricted activities, such as classified research, might be limited to U.S. citizens.

U.S. Department of Commerce, BIS

U.S. Department of State, DDTC

Department of the Treasury, OFAC