Export Control Definitions

Below are definitions of common terms related to export control. For a more detailed list of term, please refer to the Export Control Compliance Manual.

Academic Information Information that is conveyed by instruction as described in course catalogs and associated teaching laboratories of academic institutions is considered “Academic Information” and is not subject to export control regulations. Synthesis of new knowledge in a research environment is not considered “Academic Information.”

BIS Acronym for the Bureau of Industry and Security. The BIS is part of the United States Department of Commerce and is responsible for administering and enforcing the Export Administration Regulations.

Deemed Export The release or transmission of information or technology subject to export control restrictions to any foreign national in the U.S. The federal government deems such a release of information to be an export to the foreign national’s home country, thus the term “deemed export.”

DDTC Acronym for the Directorate of Defense Trade Controls. The DDTC is part of the United States Department of the State and is responsible for administering and enforcing the International Traffic in Arms Regulations.

EAR Acronym for Export Administration Regulations which regulate the export of “dual-use” items (i.e., those items having both commercial and potential military applications).

Export Control Officer Director of the University Export Control Office serving as the Empowered Official for the University with authority to apply for licenses, technical assistance agreements, and other official legal instruments from a governing regulatory authority enforcing export control laws.

Export License A written authorization provided by a governing regulatory authority having jurisdiction detailing the specific terms and conditions under which export or re-export of export controlled items is allowed.

Foreign National An individual who (1) is not a U.S. citizen, or (2) who is not a lawful permanent resident of the U.S., or (3) who does not have refugee or asylum status in the U.S.. Additionally, 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 is a foreign national.

Fundamental Research Basic and applied research in science and engineering, the results of which are ordinarily published and shared broadly within the scientific community. Information that results from Fundamental Research is not subject to export control under the Fundamental Research Exemption.

ITAR Acronym for International Traffic in Arms Regulations which regulate the export of items on the United States Munitions List (USML) that have primarily military or space applications and also defense services.

OFAC Acronym for the Office of Foreign Asset Control. OFAC is part of the United States Department of the Treasury and responsible for the various embargo and sanction programs the United States maintains. 

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.

Re-Export A re-export occurs whenever any item (i.e., commodity, software, technology, equipment or information) is sent from one foreign country to another foreign country.

U.S. Person A U.S. citizen, permanent U.S. resident alien, or protected individual, wherever that person is located. U.S. incorporated, organized firms and their foreign branches are also considered “U.S. Person(s).”