U.S. Department of Commerce’s Bureau of Industry and Security administrators of the Export Administration Regulations (EAR).

Commodity Jurisdiction, 15 CFR 734.6.

Commerce Control List, 15 CFR 772.1.  The US Department of Commerce list of all export restrictions. Each item on the CCL is categorized by its type and function. The CCL classifies items into 10 categories and 5 groups. If an item is not listed on the CCL, then it is considered “EAR99” which has minimal export restrictions.

(0) Nuclear Materials, Facilities and Equipment, and Miscellaneous; (1) Materials, Chemicals, “Microorganisms,” and Toxins; (2) Materials Processing; (3) Electronics;   (4) Computers; (5) Telecommunications and Information Security; (6) Lasers and Sensors; (7) Navigation and Avionics; (8) Marine; and (9) Propulsion Systems, Space Vehicles, and Related Equipment.

Each of the 10 CCL categories is subdivided into five groups representing the types of controlled items: (A) Equipment, Assemblies, and Components; (B) Test, Inspection and Production Equipment; (C) Materials; (D) Software; and (E) Technology

Under the EAR, may refer to one of the countries subject to §746 Embargoes and Other Special Controls, or to a country included in one of the Country Groups defined in Supplement No. 1 to §740 and used in conjunction with §740 license exceptions. Under the ITAR, the term may refer to a country identified in ITAR §126.1, Prohibited Exports, Imports, and Sales to or from Certain Countries.

Department of State’s Directorate of Defense Trade Controls (DDTC) administrator of the International Traffic in Arms Regulation (ITAR).

The release of information or technology subject to export control to any foreign national in the United States, including graduate students and training fellows.  Deemed exports may occur through such means as a demonstration, oral briefing, or plant visit, as well as the electronic transmission of non-public data that will be received abroad. This exchange is “deemed” to be an export to the country of the foreign national. 

The release of technology by a foreign national who has been licensed to receive it to the national of another foreign country who has not been licensed to receive the technology.

Any item or technical data designated in the ITAR's United States Munitions List (USML), including any technical data recorded or stored in any physical form, models, mock-ups, or other items that reveal technical data directly relating to a “defense article” listed in the USML. "Defense article" does not include basic marketing information on function, purpose, or general system descriptions. (22 CFR §120.6)

Furnishing assistance (including training) anywhere (inside the United States or abroad) to foreign nationals in connection with the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing, or use of defense articles; or furnishing ITAR-controlled “technical data” to non-US persons anywhere, requires authorization from the State Department. (22 CFR §120.9). While transfer of public domain information is not a defense service, the State Department has said that "it is seldom the case that a party can aggregate public domain data for purposes of application to a defense article without using proprietary information or creating a data set that itself is not in the public domain." [78 FR 31445].

A term used for EAR-controlled items that can be used both in commercial applications and in military and other strategic uses.

Export Administration Regulations, 15 CFR 730-774.

Export Control Classification Number, 15 CFR 738.2. The five-character alphanumeric classification that is used to identify items on the Commerce Control List.

Information that is released by instruction in catalog courses and associated with teaching laboratories of academic institutions.  This educational information is not subject to Export Controls.

What the item is used for

Any oral, written, electronic (such as fax, internet, etc.) or visual disclosure, shipment, transfer or transmission outside the U.S. to anyone, including a U.S. citizen, of any commodity, technology (information, technical data, or assistance), software/codes, or equipment. The EAR is similar to the ITAR in that it covers intangible exports of “technology,” including source code, as well as physical exports of items.

Any item, information, assistance, technology, or technical data which can be considered an Export.

A written authorization provided by the appropriate governing regulatory authority detailing the specific terms and conditions under which an export or re-export of Export Controlled items is allowed.  Authority may be issued by the Bureau of Industry and Security, the DDTC authorizing an export, re-export, or other regulated activity.

Any person who is not a native or national of the United States unless lawfully admitted for permanent residence in the United States (for example, as the holder of a permanent resident alien visa or “green card.”)  Any foreign corporations, business associations, partnerships, trusts, societies or any other foreign entities or groups, as well as international organizations and foreign governments, are considered “Foreign National(s).”

Under the ITAR, a natural person who is neither a lawful permanent resident (green card holder) nor a protected individual (citizen or national of the U.S., special agricultural worker, admitted refugee or person granted asylum), a foreign entity (corporations, business associations, partnerships, etc.) not incorporated or organized to do business in the U.S., an international organization, a foreign government or an agency or subdivision of a foreign government. [Usage note: this website uses "non-U.S. person" as an objective counterpart to "foreign person" for clarity when being read by people of all nationalities.]

Basic or applied research where resulting data, technology, or other information is made available publicly with minimal or no access costs (e.g. essentially free information) within the scientific community, 15CFR734.8.  Also as defined by National Security Directive 189 (NSDD 189).  Information that results from Fundamental Research is not subject to Export Control.

No license is required to disclose information to foreign national if it is published and is generally accessible to the public and provided the fundamental research is basic and applied in science and engineering, and conducted at an accredited institution of higher education located in the U.S., 15CFR734.

DoE's 10 CFR 810 and OFAC's sanctions programs identify activities which are in the scope of the controls, but are already determined to be acceptable and can be conducted without additional approval as "generally authorized." The DoE regulations require the use of a general license to be reported.

International Traffic in Arms Regulation, 22 CFR 120-130. Regulations from the U.S. Department of State that control the export of articles, services, and related technical data whose predominant application is defense.

A commodity, software or technology, 15CFR772.

Nuclear Regulatory Commission Regulations, 10 CFR Parts 40, 70. 110 and 810.

The Department of Treasury’s Office of Foreign Assets Control (OFAC), which is responsible for enforcing specific embargoes and/or sanctions. 

Countries designated by OFAC as having trade sanctions imposed by the United States for reasons of anti-terrorism, non-proliferation, narcotics trafficking, or other reasons. Sanctions vary among the countries.

There is no specific definition of “ordinarily resident in” under the OFAC regulations. Under US law, “Ordinarily Resident In” generally includes:

• Individuals, regardless of nationality, residing in an embargoed country.
• Individuals holding an embargoed country passport and a non-permanent visa (student, visitor, temporary, business) for any country outside the US.
• Individuals holding an embargoed country passport and a non-permanent visa (visitor, temporary, business) for the US.

Other indicators might include:

• paying taxes in the country
• immigration status in the country
• having a year round residence in the country having a residence in the country
• the percentage of the year spent in the country

Applies only to ITAR. Information that is published and generally accessible or available to the public in the following places:

• Newsstands and bookstores
• Subscriptions that are available without restriction to any individual who desires to obtain or purchase the published information
• Second-class mailing privileges granted by the U.S. government
• Libraries open to the public or from which the public may obtain documents, including most university libraries
• Published patents
• Unlimited distribution at a conference, meeting, seminar, trade show, or exhibition, generally accessible to the public in the United States
• Public release in any form after approval by the cognizant U.S. government department or agency
• Through fundamental research in science and engineering at accredited institutions of higher learning in the United States where the resulting information is ordinarily published and shared broadly in the scientific community. 

Applies only to EAR. Software and technology (except 5D002 encryption software) that:

• is or will be published,
• arises during, or result from, fundamental research,
• is educational,
• is included in certain patent applications.

Publicly available software and technology are excluded from EAR controls — but note that published 5D002 encryption software remains subject to the EAR, except publicly available 5D002 encryption object code when the corresponding source code is publicly available. For software and technology in the scope of the EAR, it may be made publicly available by a person with the right to do so without further authorization from the Commerce Department (except 5D002 encryption software).

Information that is generally accessible to the interested public in any form, including: publication in periodicals, books, print, electronic or any other media available for general distribution to any member of the public or to a community of persons interested in the subject matter, such as those in a scientific or engineering discipline, either free or for a price that does not exceed the cost of reproduction and distribution; readily available at libraries open to the public or at university libraries; patents and open (published) patent applications available at any patent office; release at an open conference, meeting, seminar, trade show, or other open gathering.

Possible indicators of an unlawful diversion or an abnormal or suspicious circumstance.

An actual shipment or transmission of items subject to the EAR from one foreign country to another foreign country; or release of technology or software subject to the EAR to a foreign national outside the United States.  The ITAR and the EAR impose restrictions on the re-export of U.S. goods, i.e., the shipment or transfer to a third country of goods or technology originally exported from the United States, without proper authorization.

Individuals and entities with whom the university and its employees may not to export to or engage in controlled transactions. These include the Denied Persons List, Entity List, and Unverified List (Department of Commerce); the Debarred Parties Lists (Department of State); and the Specially Designated Nationals and Blocked Persons List (Department of Treasury).

University research, development, or testing subject to:

• publication restrictions
• access and dissemination controls
• federally funded research with contract-specific national security restrictions
• accepting third-party controlled items or information
• providing access to, or defense services on, a defense article.

Restricted research is subject to EAR and ITAR regulations, and a license or other government approval may be required for foreign national participation.

Some items are subject to the ITAR or the EAR if they have properties, as a result of development, that meet or exceed the criteria in the US Munitions List (ITAR) or the Commerce Control List (EAR) — this is the "catch" — and are not a fastener or other low-control item — this is the "release". There are web tools for the ITAR and the EAR to help determine whether an item is "specially designed".

Substantive contacts include regular travel to countries in Country Group D:5; recent or continuing contact with agents, brokers, and nationals of such countries; continued demonstrated allegiance to such countries; maintenance of business relationships with persons from such countries; maintenance of a residence in such countries; receiving salary or other continuing monetary compensation from such countries; or acts otherwise indicating a risk of diversion.

Technical Assistance Agreement – an agreement for the performance of a defense service(s) or the disclosure of technical data, 22 CFR 120.22.

Instruction, skills training, working knowledge, and consulting services, which may involve the transfer of technical data. Applies only to EAR.

Data in the form of blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories.

As used in the management of export controls, any specific information and know-how (whether in tangible form, such as models, prototypes, drawings, sketches, diagrams, blueprints, manuals, or software—or in intangible form, such as training or technical services) that is required for the development, production, or use of a good, but not the good itself.

MIT tool to safeguard ITAR, EAR, and other restricted material. Lays out a security plan and identifies responsible parties. Must be approved by Vice President for Research before restricted material can be brought onto campus.

Usual and reasonable kinds and quantities of tools of trade (commodities, software, and technology) for use in a lawful enterprise or undertaking of the exporter providing the transaction meet the requirements of paragraphs (a)(2)(i)(A) and (a)(2)(i)(B) of 15 CFR Part 740.9.

The USML includes articles, services, and related technical data designated as defense articles and defense services pursuant to the Arms Export Control Act (AECA).

Under the ITAR, a natural person who is a lawful permanent resident (green card holder) or a protected individual (citizen or national of the U.S., special agricultural worker, admitted refugee or person granted asylum); or any entity (corporation, business association, partnership, etc.) incorporated in the U.S., or any federal, state, or local governmental entity. The EAR is effectively the same, although without explicit definition: the deemed export rule, for instance, applies to "foreign nationals" but excludes permanent residents and protected individuals. (Note that for the purpose of §744.6 Restrictions on Certain Activities of U.S. Persons, the EAR adds "any person in the United States".) [Usage note: this website uses "non-U.S. person" as an objective counterpart to "foreign person" for clarity when being read by people of all nationalities.]