Glossary
A-CONTROLLED / DE-EXPORT / FO-OFFICE / PU-UNITED STATES
Technology and information leaving the shores of the United States.
Commerce Control List (CCL)
A list of goods and technology regulated by the Department of Commerce through the Export Administration Regulations (EAR). Items on this list are marked for dual-use, which means that they are commercial goods that could be used for military purposes.
Commodity Jurisdiction Ruling
A request that can be made to the State Department to determine whether the Export Administration Regulations (EAR) or International Traffic in Arms Regulations (ITAR) have jurisdiction over the export of a good or technology.
Controlled Physical Items
Defense articles listed on the International Traffic in Arms Regulations (ITAR) and dual use items listed under Export Administration Regulations (EAR).
An export of technology or information to a foreign national within the United States.
Defense Article
(ITAR 120.6) Any item designated in the U.S. Munitions List. Examples include specified chemical agents, cameras designated for military purposes, specified lasers, and GPS equipment. It also means any technical data recorded or stored in any physical form, models, mock-ups, or other items that reveal technical data directly relating to the particular item or “defense article” listed in the USML.
Defense Service
(ITAR 120.9) The furnishing of assistance (including training) to foreign persons, 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; and the dissemination of technical data to any foreign person in the United States or abroad.
Dual-use
Items that are listed on the Commerce Control List (CCL). These goods and technologies are commercial in nature but could be used for military purposes.
Export Administration Regulations (EAR)
Federal regulations on dual-use items through the U.S. Department of Commerce.
Export
(ITAR 120.17) There are multiple definitions under the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR): 1. Actual shipment of any goods covered by the EAR or ITAR outside the United States. 2. Release or disclosure of any information covered by the EAR or ITAR to any foreign person in the United States or abroad. 3. The definition of export under ITAR also includes the performance of any defense service for the benefit of a foreign national whether in the United States or abroad.
EAR 99
The “catch-all category” that applies to any good or technology subject to the EAR that does not fall under one of the ten specific CCL categories.
(ITAR 120.16) Any person who is not a lawful permanent resident of the United States. It also means any foreign corporation, business association, partnership, trust, society or any other entity or group that is not incorporated or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of foreign governments (e.g., diplomatic missions).
Fundamental Research
According to the Association for American Universities (AAU), fundamental research is basic and applied research in science and engineering, the results of which ordinarily are 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.
International Traffic in Arms Regulations (ITAR)
The State Department’s regulations for goods or technologies inherently military in nature.
Office of Foreign Assets Control (OFAC)
Administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals through the Department of the Treasury.
(ITAR 120.11) Information that is published and that is generally accessible or available to the public: (1) through sales at newsstands and bookstores; (2) through subscriptions which are available without restriction to any individual who desires to obtain or purchase the published information; (3) through second class mailing privileges granted by the U.S. government; (4) at libraries open to the public or from which the public can obtain documents; (5) through patents available at any patent office; (6) through unlimited distribution at a conference, meeting, seminar, trade show, or exhibition, generally accessible to the public, in the United States; (7) through public release (i.e., unlimited distribution) in any form (e.g., not necessarily in published form) after approval by the cognizant U.S. government department or agency; and (8) through fundamental 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.
Technical Data
(ITAR 120.10) Information 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. Also, classified information relating to defense articles and defense services, and information covered by an invention secrecy order.
United States Munitions List (USML)
A list featuring twenty-one categories of defense articles and services that are monitored by the International Traffic in Arms Regulations (ITAR).
U.S. Person
(ITAR 120.15) A person who is a lawful permanent resident of the United States. It also means any corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the United States. It also includes any governmental (federal, state or local) entity.
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