Export Controls Glossary

Commerce Control List (CCL): A list located in Part 774 of the Export Administration Regulations that contains commercial and military (dual-use) items. These items may require a license for export if an exemption does not apply.

Export: The export regulations define an export as:

• Any oral, written, electronic or visual disclosure, shipment, transfer or transmission outside the United States to anyone, including a U.S. citizen, of any commodity, technology (information, technical data, or assistance) or software/codes
• Any oral, written, electronic or visual disclosure, transfer or transmission to any person or entity of a controlled commodity, technology or software/codes with an intent to transfer it to a non-U.S. entity or individual, wherever located
• Any transfer of these items or information to a foreign embassy or affiliate

Deemed Export: Disclosing (including oral or visual disclosure) or transferring covered technical data to a foreign person, whether in the United States or abroad or performing a defense service on behalf of, or for the benefit of, a foreign person, whether in the United States or abroad. See ITAR § 120.17.

Defense Article: Defense article means any item or technical data designated in § 121.1 of the ITAR. The policy described in § 120.3 is applicable to designations of additional items. 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 designated in § 121.1 of this subchapter. It does not include basic marketing information on function or purpose or general system descriptions. See ITAR § 120.6.

Defense Service: 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; or the furnishing to foreign persons of any technical data controlled under this subchapter (see § 120.10), whether in the United States or abroad. See ITAR § 120.9.

Denied Persons List: A list of individuals to which items cannot be exported. This list is in Supplement 2 to Part 764 of the EAR.

Dual-use Item: An item that has both commercial and military applications, or potential military applications. This term generally distinguishes the EAR from the ITAR, which covers items that are inherently military in nature.

Export Administration Regulations (EAR): Federal regulations implemented by the Department of Commerce that pertain to the export of commercial items not inherently military in nature (dual-use items). These regulations are contained in Title 15 of the Code of Federal Regulations (Sections 730-774) and include the Commerce Control List.

Export License: A document approving the export or reexport of a covered item issued by an export agency such as the Bureau of Industry & Security.

Foreign Person: Foreign person means any natural person who is not a protected individual (person granted asylum or a refugee). 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). See ITAR § 120.16.

Fundamental Research Exclusion: This exclusion applies to basic or applied research in science and/or engineering at an accredited institution of higher learning in the United States where the resulting information, in some cases, is ordinarily published and shared broadly in the scientific community and, in other cases, where the resulting information has been or is about to be published. The FRE does not apply to the physical transmission of goods; it only applies to the transmission of information and data.

International Trafficking in Arms Regulations (ITAR): Federal regulations issued by the Department of State that regulate the export of items inherently military in nature. Items covered by the ITAR are listed in its “Munitions List,” which is in section 121. The ITAR are contained in Title 22 of the Code of Federal Regulations, sections 120-130.

Munitions List (USML): Located in section 121 of the ITAR, the USML lists items inherently military in nature that may require a license for export.

Public Domain: information (which may qualify for an exemption) that is published and generally accessible or available to the public through a variety of mechanisms, including:

• Libraries, newsstands, subscriptions, and bookstores that are open to the public, where the information is sold for no more than a reasonable profit
• Published patents,
• Generally accessible conferences, meetings, or seminars in the US where attendees can take notes and are charged only a reasonable fee
• Publicly accessible, free websites

Reexport: Actual shipment or transmission of items subject to the EAR from one foreign country to another foreign country or release of software or technology subject to the EAR to a foreign national outside the United States. Reexports generally require a license just as exports do, assuming the action involves a covered item. See EAR § 734.2.