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Export Control

Glossary / Definitions

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A

Automated Export System (AES)

A nationwide system operational at all ports and for all methods of transportation through which export shipment data required by multiple agencies is filed electronically to U.S. Customs and Border Protection.

B

Bureau of Industry and Security (BIS)

An agency of the Department of Commerce responsible for implementing and enforcing the Export Administration Regulations (EAR), which regulate the export and re-export of most commercial items.

C

Code of Federal Regulations (CFR)

The United States Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the Federal Government.

Commerce Control List (CCL)

A list of items under the export control jurisdiction of the Bureau of Industry and Security, U.S. Department of Commerce. The CCL is found in Supplement 1 to part 774 of the EAR.

Commerce Control List (CCL) Category

The Commerce Control List is divided into ten (10) categories: (0) Nuclear Materials, Facilities and Equipment, and Miscellaneous; (1) Materials, Chemicals, "Microorganisms," and Toxins; (2) Materials Processing; (3) Electronics Design, Development and Production; (4) Computers; (5) Telecommunications; (6) Sensors; (7) Navigation and Avionics; (8) Marine; (9) Propulsion Systems, Space Vehicles, and Related Equipment.

Commerce Control List (CCL) Group

The Commerce Control List is divided into ten (10) categories. Each category is subdivided into five (5) groups, designated by the letters A through E: (A) Equipment, assemblies, and components; (B) Test, inspection and production equipment; (C) Materials; (D) Software; and (E) Technology.

Controlled Country

The Department of Commerce has designated countries as “controlled” for national security purposes. The controlled countries are: Albania, Armenia, Azerbaijan, Belarus, Cambodia, Cuba, the People's Republic of China, Georgia, Iraq, Kazakhstan, Kyrgyzstan, Laos, Macau, Moldova, Mongolia, North Korea, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and Vietnam.

Countries Supporting International Terrorism

The Department of State has determined that the following countries’ governments have repeatedly provided support for acts of international terrorism: Iran, North Korea, Sudan, and Syria.

D

Deemed Export

A release of export controlled technology or software source code to a Foreign Person in the U.S. A regulated export is thereby "deemed" to take place to the Foreign Person's home country or last country of citizenship. Export controlled technology is "released" for export either a) when it is made available to Foreign Persons for visual inspection; b) when technology is exchanged orally; and/or c) when technology is made available by practice or application under the guidance of persons with knowledge of the technology.

Defense Service

The furnishing of 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, and the furnishing of any controlled “technical data” to foreign nationals anywhere.

Denied Persons List

A list, referenced in Supplement No. 2 to part 764 of the EAR, of specific persons that have been denied export privileges, in whole or in part.

Directorate of Defense Trade Controls (DDTC)

The office at the Department of State, formerly known as the Office of Defense Trade Controls and before that as the Office of Munitions Control, is responsible for reviewing applications to export and re-export items on the U.S. Munitions List.

Dual Use

Items that have both commercial and military or proliferation applications are “dual-use” items. While this term is used informally to describe items that are subject to the EAR, purely commercial items and certain munitions items listed on the Wassenaar Arrangement Munitions List (WAML) or the Missile Technology Control Regime Annex are also subject to the EAR.

E

Educational Information Exclusion

Information that is commonly taught in catalog-courses at an accredited U.S. institution of higher-education, or its related teaching laboratories, is not subject to export control laws and regulations. The Educational Information Exclusion does not apply to proprietary information and certain information deemed classified or sensitive by the federal government.

End-Use

“End-use” refers to a detailed description of how the ultimate consignee intends to use the commodities being exported.

End-User

“End-user” refers to the person outside of the U.S. that receives and ultimately uses the exported or re-exported items.

Export

To send or take controlled tangible items, software, or information out of the United States in any manner, to transfer ownership or control of controlled tangible items, software, or information to a foreign person, or to disclose information about controlled items, software, or information to a foreign government or foreign person. The controlled tangible item, software or information being sent or taken out of the United States is also referred to as an "export."

Export Administration Regulations (EAR)

The Export Administration Regulations (EAR), Title 15, sections 730-774 of the Code of Federal Regulations (CFR), means the regulations promulgated and implemented by the Department of Commerce that regulate the export of goods and related technology identified on the Commerce Control List (CCL), Title 15 CFR 774, Supp. 1. Goods and technology on the CCL are not inherently military in nature; they are primarily and inherently commercial or potentially commercial in nature.

Export Control

A set of laws, regulations, and policies that govern the export of sensitive items to countries, entities, and individuals.

Export Control Classification Number (ECCN)

This number identifies items on the Commerce Control List (CCL) that are subject to the export licensing authority of the Bureau of Industry and Security (BIS).

Export License

An Export License issued by the Bureau of Industry and Security (BIS) authorizes an export, re-export, or other regulated activity. The term license does not include authority represented by a License Exception.

Export License Exception

An Export License Exception as described in part 740 of the EAR allows you to export or re-export, under stated conditions, items subject to the EAR that otherwise would require a license. Unless otherwise indicated, these License Exceptions are not applicable to exports under the licensing jurisdiction of agencies other than the Department of Commerce.

F

Foreign Person (also referred to as Foreign National)

Any person who is not a citizen or Permanent Resident Alien of the U.S. Examples of foreign persons are students, post-doctoral scholars, or research staff in F-1 or J-1 status, and Florida Atlantic University foreign national employees in H-1B status. A foreign person also means any foreign corporation, business association, partnership, or any other entity or group that is not incorporated to do business in the United States.

Fundamental Research

Basic or applied research in science and engineering where the resulting information is published and shared broadly within the scientific community. Fundamental Research is 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.

Fundamental Research Exclusion (FRE)

Basic and applied research in science and engineering performed by institutions of higher education in the U.S. is not subject to export control laws and regulations as long as the research is carried out openly and without restrictions on publication or access to, or dissemination of, the research results. Fundamental research is distinguished from proprietary research and from industrial development, design, production and product utilization because the results of the latter are restricted for proprietary or national security reasons. The EAR and the ITAR differ on what is considered published information. The EAR requires that the information "has been", "is about to be", or "is ordinarily published". The ITAR requires that the information has already been published in order to qualify for the Fundamental Research Exclusion.

I

International Trafficking in Arms Regulations (ITAR)

Items, information, and software “specifically designed, developed, configured adapted, or modified” for a military, spacecraft, or intelligence application. These items, information, and software are identified on the ITAR's U.S. Munitions List. ITAR-listed items that are not the tangible products of university fundamental research generally require a license for access and use by all foreign persons.

M

Munitions List

Articles, services and related technical data designated as defense articles and defense services pursuant to the Arms Export Control Act.

O

Office of Foreign Assets Control (OFAC)

The Office of Foreign Assets Control is an office under the U.S. Department of the Treasury. OFAC is responsible for enforcing the foreign policy of the U.S. government including all trade sanctions, embargoes, and financial interactions with prohibited or blocked individuals or entities.

P

Publicly Available/Public Domain

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.

Publicly Available/Public Domain Exclusion

The sharing of technical data or information with a foreign national inside the U.S. as a part of a class, laboratory, or conference and/or seminar, is not subject to export control laws and regulations as long as the same technical data or information has already been widely published or is accessible or available to the public without restriction.

Publicly Available Technology and Software

This term applies to technology and software that are already published or will be published; arise during, or result from fundamental research; are educational; or are included in certain patent applications.

R

Reasons for Control

Reasons for Control are: Anti-Terrorism (AT), Chemical and Biological Weapons (CB), Chemical Weapons Convention (CW), Crime Control (CC), Encryption Items (EI), Firearms Convention (FC), Missile Technology (MT), National Security (NS), Nuclear Nonproliferation (NP), Regional Stability (RS), Short Supply (SS), Significant Items (SI), Surreptitious Listening (SL) and United Nations sanctions (UN). Items controlled within a particular ECCN may be controlled for more than one reason.

Re-export

An actual shipment or transmission of controlled tangible items, software, or information from one foreign country to another foreign country. The export or re-export of controlled tangible items, software, or information that will transit through a country or countries, or will be unloaded in a country or countries for reloading and shipment to a new country, or are intended for re-export to the new country, are deemed to be exports to the new country.

Restricted Parties

“Restricted Parties” are individuals and entities with whom Florida Atlantic University and its employees may not 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 the Treasury).

S

Sanctioned Countries

“Sanctioned Countries” are designated by the Office of Foreign Assets Control (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.

Specially Designated National (SDN)

“Specially Designated National” are persons who have been designated by the U.S. Government as being agents of certain sanctioned countries, terrorism sponsoring organizations, international narcotics traffickers, weapons proliferators or otherwise engaged in activities that threaten the security of the U.S.

T

Technical Assistance

Technical assistance may take forms such as instruction, skills training, working knowledge, consulting services, and may also involve the transfer of technical data.

Technical Data

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. May take forms such as 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, or read-only memories.

Technology

“Technology” includes any specific information and know-how (whether in tangible form, such as models, prototypes, drawings, sketches, diagrams, blueprints, manuals, 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.

U

U.S. Person

A citizen of United States, a lawful permanent resident alien of the U.S., (a Green Card holder), a refugee or someone here under protected political asylum or under amnesty. U.S. persons also include organizations and entities, such as universities, incorporated in the U.S. The general rule is that only U.S. persons are eligible to receive controlled items, software or information without first obtaining an export license from the appropriate agency unless a license exception or exclusion is available.



 Last Modified 9/20/17