Western Kentucky University

Definitions

Definitions

See Also: Common Export Acronyms

Deemed Export - Providing, transferring or disclosing technology information to a foreign national within the U.S. See 15 CFR 734.2(b)(2)(ii). The following are examples of how a deemed export can be transmitted:

  • FAX
  • Telephone conversations
  • E-mail communications
  • Face-to-face discussions
  • Tours of labs
  • Training sessions
  • Computer data

Defense Service - (See 22 CFR 120.9) The furnishing of assistance, including training, to foreign persons, whether in the U.S. or abroad, in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing, or use of defense articles (those listed on the USML). Furnishing any technical data controlled by ITAR to a foreign person in the U.S. or abroad also constitutes a defense service under the regulations.

Export - Transfer to a foreign person in the U.S. or abroad of:

  • Controlled technology
  • Information
  • Equipment
  • Software
  • Services

Transfers can be by:

  • Actual shipment outside the U.S.
  • Electronic or digital transmission
  • Visual inspection in or outside the U.S.
  • Written or oral disclosure
  • Actual use or application on behalf or for benefit of foreign person or entity


Reference should be made to the official definition of export under the EAR and ITAR when determining whether a specific act constitutes an export. As "export" is currently defined, it precludes a foreign national (either faculty or student) from participating in research that involves covered technology without first obtaining a license from the appropriate government agency.

Public Domain - Information that is published and generally accessible to the public:

  • through sales at newsstands and bookstores;
  • through subscriptions available without restriction to anyone who may want to 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 that is generally accessible to the public and is in the U.S.;
  • through public release (i.e., unlimited distribution) in any form (not necessarily published) after approval by the cognizant U.S. government department or agency; and
  • through fundamental research.

See 22 CFR 120.11

Restricted or Embargoed Countries - ITAR regulations 22 CFR 126.1 specifies countries to which exports and sales are prohibited. Currently, it is the policy of the U.S. to deny licenses, other approvals, exports and imports of defense articles and defense services to: Afghanistan, Belarus, Cuba, Iran, Iraq, Libya, North Korea, and Vietnam; countries which the U.S. maintains an arms embargo (e.g. Burma, China, Haiti, Liberia, Rwanda, Somalia, Sudan and Democratic Republic of Congo (formerly Zaire); United National Security Council exports and sales embargoes (Angola); countries determined by the Secretary of State to have repeatedly provided support for acts of internal terrorism (Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria). Please use the ITAR Embargo Reference Chart for specific reference to Defense Trade Controls.

Technical Data (ITAR 22CFR 120.1) -

  • Information, other than software as defined in 22 CFR 120.10(4), which is 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 and documentation;
  • Classified information relating to defense services;
  • Information covered by an invention secrecy order;
  • Software as defined in 22 CFR 121.8(f) directly related to defense articles;

Excluded from this definition is information concerning general scientific, mathematical or engineering principles commonly taught in schools, colleges and universities or information in the public domain as defined in 22 CFR 120.11. It also does not include basic marketing information on function or purpose or general system descriptions of defense articles.

Public Domain - Information that is published and generally accessible to the public:

  • through sales at newsstands and bookstores;
  • through subscriptions available without restriction to anyone who may want to 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 that is generally accessible to the public and is in the U.S.;
  • through public release (i.e., unlimited distribution) in any form (not necessarily published) after approval by the cognizant U.S. government department or agency; and
  • through fundamental research.

See 22 CFR 120.11

Restricted or Embargoed Countries - ITAR regulations 22 CFR 126.1 specifies countries to which exports and sales are prohibited. Currently, it is the policy of the U.S. to deny licenses, other approvals, exports and imports of defense articles and defense services to: Afghanistan, Belarus, Cuba, Iran, Iraq, Libya, North Korea, and Vietnam; countries which the U.S. maintains an arms embargo (e.g. Burma, China, Haiti, Liberia, Rwanda, Somalia, Sudan and Democratic Republic of Congo (formerly Zaire); United National Security Council exports and sales embargoes (Angola); countries determined by the Secretary of State to have repeatedly provided support for acts of internal terrorism (Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria). Please use the ITAR Embargo Reference Chart for specific reference to Defense Trade Controls.

Technical Data (ITAR 22CFR 120.1) -

  • Information, other than software as defined in 22 CFR 120.10(4), which is 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 and documentation;
  • Classified information relating to defense services;
  • Information covered by an invention secrecy order;

Excluded from this definition is information concerning general scientific, mathematical or engineering principles commonly taught in schools, colleges and universities or information in the public domain as defined in 22 CFR 120.11. It also does not include basic marketing information on function or purpose or general system descriptions of defense articles.

 Last Modified 7/22/13