Commerce Control List: A list of “dual use” items, materials, software, and technology, subject to export regulation, maintained by the Department of Commerce that can be used both in military and other strategic uses (e.g., nuclear) and commercial applications. Deemed Export: In addition to actual shipment of a commodity out of the country, the export regulations also control the transfer, release or disclosure to foreign persons in the United States of technical data about controlled commodities. The “deemed export” regulation states that a transfer of source code or “technology” (EAR term) or “technical data” (ITAR term) to the foreign person is “deemed” to be an export to the home country of the foreign person. Defense Article: Any item or technical data (these include military and commercial satellite and space related items, equipment, vehicles, instrumentation, software, and materials), designated by the Department of State in the International Traffic in Arms Regulations. This term includes technical data recorded or stored in any physical form, models, mockups or other items that reveal technical data directly relating to items on the United States Munitions List. It does not include basic marketing information on function or purpose or general system descriptions.
Defense Service: Furnishing technical data or assistance (including training) to foreign persons (i.e., foreign nationals), whether in the United States or abroad in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles; or, military training of foreign units and forces.
Dual Use items: Items that can be used both in military and other strategic uses and in civil applications. EAR: Export Administration Regulations are issued by the United States Department of Commerce, Bureau of Industry and Security (BIS) under laws relating to the control of certain exports, reexports, and activities related to dual use items on the Commerce Control List.
Embargo: A government-mandated sanction that restricts trade with a foreign county; a government prohibition against the shipment of certain products to a particular country for economic or political reasons. Export Controls: Federal laws and regulations that restrict the flow of certain materials, devices and technical information related to such materials and devices outside the United States or to foreign persons in the United States. Foreign Entity: Business or other entity not incorporated in the U.S., and foreign governments - see also "Foreign National / Foreign Person" Foreign National / Foreign Person: Persons who are not U.S. citizens, aliens who are “Lawful Permanent Residents” (Green Card), (8 USC § 1101(a)(20)) or other “Protected Individuals” under the Immigration and Naturalization Act (8 USC §1324b(a)(3)) designated an asylee, refugee, or a temporary resident under amnesty provisions. A foreign national also means any foreign corporation, business association, partnership or any other entity or group that is not incorporated to do business in the US. Under ITAR, the term “foreign person” is used, but has the same definition as “foreign national” herein. Fundamental Research: Basic and applied 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, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. Government access and dissemination controls. The products of fundamental research are not subject to export license requirements or other government approval. ITAR: International Traffic in Arms Regulations are issued by the Department of State, which has responsibility for the control of the permanent and temporary export and temporary import of defense articles and services.
OFAC Regulations: The Office of Foreign Assets Control regulations are issued by the US Department of the Treasury, which administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries, terrorists, international narcotics traffickers, and those engaged in activities related to the proliferation of weapons of mass destruction.
Sanctions: Coercive measures, such as boycotts and trade embargoes, taken by one or more nations against another guilty of violating international law. Sanctioned Country: Countries designated by OFAC as having limited or comprehensive trade sanctions imposed by the United States for reasons of anti‐terrorism, non‐proliferation, narcotics trafficking, or other reasons. See OFAC website.
Specially Designated Nationals and Blocked Persons List: A list of individuals and entities, maintained by OFAC, identified as terrorists, international narcotics traffickers, and those engaged in activities related to the proliferation of weapons of mass destruction. This list has more than 13,000 entries. See OFAC website.
Select Agent: Select agents and toxins are high consequence agents that pose a severe threat to public health and safety as determined by the Centers for Disease Control and the United States Department of Agriculture. See EHS website for more information. Technical Data: 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. Technical data includes classified information relating to defense articles and defense services, and some software may be considered technical data. This definition does not include educational materials and also does not include basic marketing information on function or purpose or general system descriptions of defense articles.
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