Export Links
The following steps for export control classification provides helpful links:
STEP 1. Determine if material is controlled by the ITAR or considered public domain
International Traffic in Arms (ITAR) Definitions:
(A) PUBLIC DOMAIN means information which is published and which is generally accessible or available to the public; through sales at newsstands and bookstores, through subscriptions which are available without restriction to any individual who desires to obtain or purchase the published information, through second class mailing privileges granted by the U.S. Government, at libraries open to the public or from which the public can obtain documents, through patents available at any patent office, through unlimited distribution at a conference, meeting, seminar, trade show or exhibition, generally accessible to the public and in the United States, through public release (unlimited distribution) 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 U.S. where the resulting information is ordinarily published and shared broadly in the scientific community. Fundamental research is defined to mean basic and applied research in science and engineering where the resulting information is published and shared broadly within 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. University research will not be considered fundamental research if; the University accepts other restrictions on publication of scientific or technical information resulting from the activity, or if the research is funded by the U.S. Government and specific access and dissemination controls protecting information resulting from the research are applicable.
(B) TECHNICAL DATA means: information required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance, or modification of controlled articles. This includes information in the form of blueprints, drawings, plans, instructions, diagrams, photographs, etc. The ITAR definition does not include information concerning general scientific, mathematical, or engineering principles commonly taught in schools, colleges, and universities, or information in the public domain (ITAR 120.10(5)).
(C) DEFENSE ARTICLE means: any item or technical data designated in Section 121.1 of the ITAR (the U.S. Munitions List). The term includes technical data, recorded or stored in any physical form, models, mock-ups or other items that reveal technical data directly relating to items designated in Section 121.1. It does not include basic marketing information on function or purpose or general system descriptions.
(D) DEFENSE SERVICE means:
(1) 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;
(2) The furnishing to foreign persons of any technical data controlled under this subchapter (see Sec. 120.10), whether in the United States or abroad; or
(3) Military training of foreign units and forces, regular and irregular, including formal or informal instruction of foreign persons in the United States or abroad or by correspondence courses,
technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice.
A. Review ITAR USML categories that may apply. Consider end use/user of information being reviewed, potential for military application, contractual (agreement) language, details that may contain technical specifications, etc.
United States Munitions List
B. How can I tell if information is really technical data?
The information in question may be technical data if it:(a) contains quantitative information(b) is not found in the public domain, either in whole or in part(c) was generated by Independent R&D for military application(d) was generated under a DoD contract(s) is a genuine engineering scale drawing, not a “cartoon”(f) provides understanding of sensitive capabilities (e.g., stealth characteristics), or vulnerabilities (e.g., EMI problems); (g) provides meaningful insight in the areas of design or manufacturing (h) contains answers to questions involving “how to” and “why” (i) is extracted unabridged from technical documents directly relating to defense articles or defense services (j) goes beyond general scientific, mathematical or engineering principles commonly taught in universities (k) otherwise appears as though it might be technical data.
For ITAR purposes, “United States” means the several states, Puerto Rico, the District of Columbia, the Commonwealth of the Northern Mariana Islands, and any territory or possession over which the United States exercise any powers of administration, legislation, and jurisdiction.
Note: If there is doubt whether material or technology is or is not captured by USML, contact OEC or OGC.
STEP 2. Determine if material or technology is controlled by the EAR or excluded
Export Administration Regulations (EAR) Definitions:
(A) Published Information and Software: Information is "published" when it becomes generally accessible to the interested public in any form, readily available at libraries open to the public or at university libraries, patents and open (published) patent applications, released at an open conference, meeting, seminar, trade show, or other open gathering. Software and information is published when it is available for general distribution either for free or at a price that does not exceed the cost of reproduction and distribution. Notwithstanding, encryption software with symmetric key length exceeding 64-bits will not be considered published for purposes of this definition.
(B) Fundamental Research is defined as basic and applied research in science and engineering, where the resulting information is ordinarily published and shared broadly within the scientific community. Such research can be distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary reasons or specific national security reasons.
(1) Research conducted by scientists, engineers, or students at a university normally will be considered fundamental research ("University" means any accredited institution of higher education located in the United States.)
(2) Prepublication review by a sponsor of university research solely to insure that the publication would not inadvertently divulge proprietary information that the sponsor has furnished to the researchers does not change the status of the research as fundamental research. However, release of information from a corporate sponsor to university researchers where the research results are subject to prepublication review will require further export review.
(3) Prepublication review by a sponsor of university research solely to ensure that publication would not compromise patent rights does not change the status of fundamental research, so long as the review causes no more than a temporary delay in publication of the research results.
(C) EDUCATIONAL INFORMATION is that information which is released by instruction in catalog courses and associated teaching laboratories of academic institutions. Note that this does not apply to encryption software exceeding 64-bits.
A. Review Steps for using EAR and General Prohibitions:
Classification Steps
B, Identify key material and or technology to aid in your search using the Commerce Control List (CCL) index:
Commerce Control List Index (see left window pane )
C. With the use of the CCL , use the EAR CCL index as a search aide, identify applicable EAR CCL line items (include Group D - Software & E - Technology)
D. Use interactive classification tool and/or specially designed tool as needed
Export-control-classification-interactive-tool
E. Review key definitions that may help clarify applicability
EAR Definitions
F. Consult country chart to determine restrictions based on foreign countries known to be involved (includes citizenship of foreign nationals). An “X” in an applicable control column denotes “license required”.
Note: If an embargoed country is involved or a license is required, consult Export Control for additional assistance