Definitions

Export:
  • 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 (even to a non-U.S. student or colleague at UTSA).
  • Any transfer of these items or information to a foreign embassy or affiliate.

Deemed Export: Release or transmission of information or technology subject to export control to any non-U.S. person, regardless of the location. Deemed exports may occur through demonstration, oral briefing, facility visit, as well as the transmission of controlled data. If the university accepts company proprietary information in connection with research, and the information is "technology," then revealing this information to a non-U.S. person may be a "deemed export".

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.

Deemed Re-export: The release of technology or information by a non-U.S. person who has been licensed to receive it to a national of another country who has not been licensed to receive the technology or information.

Defense Article: Any item or technical data (these include military and commercial satellite and space related items, equipment, vehicles, instrumentation, software, and materials), designated by the Department of State in the International Traffic in Arms Regulations. 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 on the United States Munitions List. It does not include basic marketing information on function or purpose or general system descriptions.

Defense Service: Furnishing technical data or assistance (including training) to foreign persons (i.e., foreign nationals), 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, military training of foreign units and forces.

Technical Data (ITAR): Information 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 or documentation. Technical data includes classified information relating to defense articles and defense services, and some software may be considered technical data. It may take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, and manuals and instructions written or recorded on other media or devices such as disk, tape, or read-only memories. This definition does not include the controlled equipment/commodity itself, nor educational materials, basic marketing information on function, purpose or general system descriptions of defense articles contained in publicly available user manuals. The "deemed export" rules apply to the transfer of such technical information to non-U.S. persons inside the U.S.

Technology (EAR): Any specific information and know-how (whether in tangible form, such as models, prototypes, drawings, sketches, diagrams, blueprints, manuals, or software—or in intangible form, such as training or technical services) that is required for the development, production, or use of a good, but not the good itself.

Non-U.S. Person: A non-U.S. person is anyone who is not a U.S. citizen. A U.S. citizen is a U.S. born person, a lawful permanent resident alien of the U.S., a refugee or someone in the U.S. as a protected person. Any non-U.S. corporation, business association, partnership, trust, society or any other foreign entity or group as well as international organizations and foreign governments are considered "non-U.S. person(s)."

Fundamental research (FR): As used in the export control regulations, includes basic or applied research in science and/or engineering at an accredited institution of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly with the scientific community. The fundamental research exclusion (FRE) applies only to the information that results from Fundamental Research, not to the transmission of material goods. Fundamental research does not cover the export of hardware, software, and technology; financial dealings with prohibited parties or entities; export controlled activities like technical assistance; and other transactions that involves embargoed or sanctioned parties/ countries. A List of embargoed or sanctioned countries can be found here: OFAC Sanctions Programs and Country Information.

University research will not qualify as fundamental research if (1) the institution accepts any restrictions on the publication and/or access of the information resulting from the research, other than limited prepublication reviews by research sponsors to prevent inadvertent divulging of proprietary information or to insure that publication will not compromise patent rights of the sponsor; or (2) the research is federally funded and specific access or dissemination controls regarding the resulting information have been accepted by the university or the researcher.

Public Domain/Publicly Available:
  1. ITAR: Information which is already published and generally accessible to the public is not subject to ITAR. Information that is available through books, periodicals, patents, open conferences in the U.S., websites accessible to the public with no access controls, or other public release authorized by the U.S. government, and through fundamental research in science and engineering at accredited institutions of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly in the scientific community is considered in the public domain.
  2. EAR: Publicly available technology and non-encryption software, such as information that is the subject of an open patent application, published in a book or periodical, released at an open conference anywhere, available on a website accessible by the public with no access controls or information that will be published is not subject to the EAR. This includes submission of manuscripts to journals for consideration with the understanding that the article will be published if favorably received.

Bona Fide Employee Exemption (ITAR): Exemption that allows disclosure of unclassified technical data or information to a foreign person who is a full-time, bona fide university employee and has maintained a permanent address in the U.S. while employed; is not a national of country to which exports are prohibited; and is advised in writing not to share the technical data or information with other foreign persons without prior written approval of the U.S. Department of State's Directorate of Defense Trade Controls.

Educational Information: Information that is released by instruction in catalog courses and associated teaching laboratories of academic institutions is not subject to export control requirements.

License: Permit issued by the U.S. Department of Commerce Bureau of Industry and Security authorizing a transaction subject to the export control regulations.

End-use: A detailed description of how the ultimate consignee intends to use the commodities being exported.

End-User: The person abroad that receives and ultimately uses the exported or re-exported items. The end-user is not a forwarding agent or intermediary, but may be the purchaser or ultimate consignee.

Commodity Jurisdiction Ruling: Where an article is arguably covered by both the EAR and ITAR, a request can be made to the State Department to determine which agency will have jurisdiction over the export of the article.