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Export Control Resources



Training

American University affiliates can access export controls training on the CITI website by registering an AU email address and selecting the export control course.

The Department of Commerce, Bureau of Industry and Security also provides export control training, though it is intended for commercial exporters rather than academic institutions. These videos are hosted on the Census website here: Export Compliance Training.

Common Terms

Commerce Control List- This is a list of all items covered under the EAR requiring an export license. If your item falls under U.S. Department of Commerce jurisdiction and is not listed on the CCL, it is designated as EAR99. EAR99 items generally consist of low-technology consumer goods and do not require a license in many situations. However, if you plan to export an EAR99 item to an embargoed country, to an end-user of concern, or in support of a prohibited end-use, you may be required to obtain a license.

Deemed Export- The disclosure of controlled technological data, technology, or source code, in the U.S. or abroad to a non-U.S. person.

Defense Article/Service- providing access to a defense article, furnishing technical assistance or training related to a defense article, exporting or importing goods and services to sanctioned countries, entities, or individuals, and foreign military training, including training using public domain information.

Denied Persons List- The official list published by BIS for individuals and entities that have been denied export privileges and with whom exports (including deemed exports) are prohibited.

Dual Use- Items that have both a civilian and potential military use. Controlled under the EAR.

Educational Information Exclusion- General science, math, and engineering as well as information conveyed in courses listed in the course catalogues are not subject to export controls under a regulatory exclusion.

Export- Exports include: 1) Physical exports: shipping or hand carrying a tangible item outside of the U.S. or re-exporting from one foreign country to another or to the U.S.; 2) Deemed exports: Disclosing controlled technological data, technology, or source code, in the U.S. or abroad to a non-U.S. person, or 3) Prohibited services: providing access to a defense article, furnishing technical assistance or training related to a defense article, exporting or importing goods and services to sanctioned countries, entities, or individuals, and foreign military training, including training using public domain information.

Foreign Person- All non-U.S. persons, including temporary visa holders (B, H1-B, J-1, F-1), and entities organized under foreign laws.

Fundamental Research- Basic and applied research in science and engineering, the results of which ordinarily are published and shared broadly within the scientific community, as 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.

License- Permission granted by one of the export control regulating agencies to engage in a specified export.

Public Domain Information Exclusion- Information that is freely available through newspapers and libraries, presented at publicly available conferences and trade shows, or is on websites accessible to the public for free and without a login required is not subject to export controls under a regulatory exclusion.

Specifically Designated Nationals- The list of individuals and entities currently covered by U.S. sanctions and with whom certain or all dealings may be prohibited. Administered by OFAC.

Use- For the purpose of deemed exports to foreign nationals, there is a difference in the term 'use' to determine whether an export has occurred. Under ITAR, mere access to an export controlled item by a foreign national is considered an export of that item to that individual's country. Thus, ITAR controlled items are advised to be locked up when not in use to prevent an inadvertent export. Under EAR, the 'use' of an export controlled item only occurs when the foreign national meets all six criteria: Operation, installation, maintenance, repair, overhauling, and refurbishing.

U.S. Person- A U.S. citizen, permanent resident, protected political asylee/refugee, or entity organized under U.S. laws.

 

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