Definitions

Click the terms below to show/hide their definitions.

Deemed Export refers to the release of export-controlled technical data, technology, and/or source code, to a Foreign National, whether in the US or abroad, as such a release is deemed to have been exported to the Foreign National’s home country(ies).  Deemed Exports can occur through visual or oral disclosures.

Defense Service means “the furnishing of assistance (including training) whether in the US or abroad in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of a Defense Article.” A Defense Service also includes the furnishing to Foreign Persons any Technical Data which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance and modification of Defense Articles. Defense Articles are identified on ITAR’s USML.

Export Controls are US Export Control Laws and Regulations that restrict the export of certain Technology or Technical Data, commodities, or software (“Export-Controlled Items”) to a foreign country or to a Foreign National, whether that foreign national is inside or outside the US.  As such, a license or other type of government authorization may be required for:

  1. The export of “Export-Controlled Items,” which include:

    1. Defense articles enumerated on the US Munitions List (USML), 22 CFR § 121; and/or
    2. Commodities enumerated on the Commerce Control List (CCL), 15 CFR § 774, Supplement No. 1;
  2. The provision of services for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of a defense article to a foreign country or Foreign National; and/or
  3. Exports to (including travel) or financial transactions with Sanctioned Countries, Parties of Concern, and/or Specially Designated Nationals.

Export Control Classification Number (“ECCN” or collectively “ECCNs”) is a five character alpha-numeric code which identifies the type of technology and capabilities of certain Export-Controlled Items which, in combination with the country of destination, entity, and the end-use, determine if an Export License is required for a specific export, or whether an Export-Controlled Item can be exported without an Export License. The ECCN must be determined prior to export.

ECCNs are assigned to commodities and technology controlled for export purposes by EAR and are found on the CCL. (See Categories 0 – 9.)

Export-Controlled Items and Technical Data controlled by ITAR are found on the USML. These are not assigned an ECCN, but rather, a munitions category number ranging from I to XXI (one to twenty-one). For convenience, this Administrative Procedure uses the term “ECCN” to refer to classifications for all Export-Controlled Items, Technology and Technical Data, even those on the USML.

Items or technology not regulated by either ITAR or EAR, are designated by the ECCN “EAR99” and can be exported to any country in the world without an Export License, except for a US Embargoed Country.

An Export License is a document stating that the relevant US Government agency has granted the licensee the right to export an Export-Controlled Item, Technology or Technical Data to a specific country, specific end-user, and for a specific purpose. An Export License is not transferable to any other country or end-user than those specifically named in the Export License. An Export License issued by one US Government agency is not transferrable for export activities regulated by any other US Government agency.

A Foreign National (also referred to as a “foreign person”) is any person who is not a citizen or national of the US, unless that person has been lawfully admitted for permanent residence or is a “protected individual” designated as an asylee, refugee, or temporary resident under amnesty provisions, as defined by the US Immigration and Naturalization Act.  The definition includes foreign corporations, foreign governments and any agency or subdivisions of foreign governments (e.g. diplomatic missions).

Parties of Concern are individuals, entities, and organizations that have had their export privileges revoked by the US Department of Commerce, Bureau of Industry and Security and/or the US Department of State, Directorate of Defense Trade Controls.  “Specially Designated Nationals” are individuals, entities, and organizations that are owned or controlled by or are acting on behalf of targeted or sanctioned countries, and have had their assets blocked by the US Department of the Treasury, Office of Foreign Assets Control.  Lists of Parties of Concern and Specially Designated Nationals are maintained by the aforementioned federal agencies, and also include US citizens and entities.

Sanctioned Countries are those countries targeted by the US Department of the Treasury, Office of Foreign Assets Control for asset and trade restrictions, to accomplish US foreign policy and national security goals.  Sanctioned countries include those which the US imposes a full trade embargo on, known as “Embargoed Countries.” Currently those countries are: Cuba, Iran, North Korea, Sudan and Syria.

Technology or Technical Data refers to technical information beyond general or basic marketing materials about an Export-Controlled Item.  The terms do not refer to the controlled item itself, or to the type of information contained in publicly available user manuals.  Rather, the terms Technology and Technical Data mean specific information necessary for the development, production, or use of an Export-Controlled Item.