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Glossary

 

Applied Research

Basic Research

BIS (Bureau of Industry and Security) 

CCL (Commerce Control List)

Commodity

Deemed Export

Defense Service

Development

DPL (Denied Persons List)

DDTC (Directorate of Defense Trade Controls)

Dual Use

EAA (Export Administration Act)

EAR (Export Administration Regulations)

ECCN: Export Control Classification Number

End Use

End User

EUC (End-Use Check)

Export

Export Controls

FRE (Fundamental Research Exemption)

Foreign Person

Fundamental Research

Intermediate Consignee

ITAR (International Traffic in Arms Regulations)

Knowledge

License

NLR (No License Required)

OFAC (Office of Foreign Assets Control)

Production

Public Domain

Release

Required

SDN (Specially Designated National)

SDT (Specially Designated Terrorist)

SED (Shipper's Export Declaration)

Specially Designed

Technical Assistance

Technical Assistance Agreement

Technical Data

Technology

Ultimate Consignee

Use

U.S. Person

USML (United States Munitions List)

WA (Wassenaar Arrangement)

 

Applied Research- A systemic study to gain knowledge or understanding necessary to determine the means by which a recognized and specific need may be met. It is a systematic application of knowledge toward the production of useful materials, devices, and systems or methods, including design, development, and improvement of prototypes and new processes to meet specific requirements. (See ITAR 125.4(c)(3)) Back to top

Basic Research- A systemic study directed toward greater knowledge or understanding of the fundamental aspects of phenomena and observable facts without specific applications towards processes or products in mind. (See ITAR125.4(c)(3)Back to top

BIS: Bureau of Industry and Security- An agency of the Department of Commerce established by the Export Administration Act (EAA) that is responsible for administering and enforcing export controls on "dual-use" items. BIS administers the EAA by developing export control policies, issuing export licenses, prosecuting violators, and implementing the EAA's antiboycott provisions. BIS also enhances the defense industrial base, assists U.S. defense firms, and helps other countries develop export control systems. Back to top

CCL: Commerce Control List- A list of items subject to Bureau of Industry and Security export license requirements based on their identity. The Commerce Control List (CCL) is found in Supplement 1 to Part 774 of the Export Administration Regulations (EAR). [NOTE: EAR99 items are not on the CCL.] Back to top

Commodity- Material, equipment, and services (e.g. instruments, computers, information, tools, assistance). Back to top

Deemed Export- Any release of technology or source code subject to the EAR to a foreign national. Such release is deemed to be an export to the home country or countries of the foreign national. This deemed export rule does not apply to persons lawfully admitted for permanent residence in the United States and does not apply to persons who are protected individuals under the Immigration and Naturalization Act (8 U.S.C. 1324b(a)(3)). Any release of any item to any party with knowledge a violation is about to occur is prohibited by Section 736.2(b)(10) of EAR. Back to top

Defense Service- The furnishing of assistance (including training) to foreign persons, 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. (See 120.9 of the ITARBack to top

Development- Related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts. (http://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear) Back to top

DPL: Denied Persons List- A list of persons whose export privileges are currently denied, in whole or in part. (Formerly known as the "Table of Denial Orders") Back to top

DDTC: Directorate of Defense Trade Controls- The office in the Department of State (DOS) that administers licenses for defense services and defense (munitions) articles. (Formerly known as the Office of Defense Trade Controls) Back to top

Dual Use- Items that have both commercial and military or proliferation applications. While this term is used informally to describe items that are subject to the EAR, purely commercial items are also subject to the EAR. (See §734.2(a) of the EAR). Back to top

EAA: Export Administration Act- The EAA is the statute that authorizes the export control and antiboycott compliance activities of the Department of Commerce (DOC). The EAA is the basic authority for BIS to issue regulations, and to administer and enforce export controls for national security, foreign policy and short supply. Back to top

EAR: Export Administration Regulations- Regulations set forth in parts 730-774, of Title 15 of the Code of Federal Regulations(CFR), and issued by the Department of Commerce to implement the Export Administration Act (EAA) and other statutory requirements. The EAR is amended by rules published in the Federal Register. Back to top

ECCN: Export Control Classification Number- Individual categories of items on the Commerce Control List (CCL) are identified by an Export Control Classification Number (ECCN). Back to top

End Use- A detailed description of how the Foreign Person intends to use the commodities being exported. Back to top

End User- The Foreign person that receives and ultimately uses the exported commodity. Back to top 

EUC: End-Use Check- As part of its licensing process and preventive enforcement efforts, BIS selectively conducts end-use checks on certain dual-use export transactions. EUCs help create the confidence necessary to foster legitimate trade while strengthening U.S. security. EUCs are comprised of two types of checks. They are: Pre-License Checks (PLCs) and Post-Shipment Verifications (PSVs). Back to top

Export- Transfer of export controlled information, commodities or software either inside the U.S. or outside the U.S. States. Back to top

Export Controls- U.S. government regulations that govern the export of strategic technologies, equipment, hardware, software or providing technical assistance to Foreign Persons. Back to top

FRE: Fundamental Research Exemption- Accredited Universities of higher learning conducting basic and applied research the results of which are intended to be published... and are not subject to access or publication restrictions. Back to top

Foreign Person-

Any natural person who is not a lawful permanent resident or who is not a protected individual (granted asylum, refugee or amnesty status);

A foreign natural person is also referred to as a Foreign National.

It also means any foreign corporation, business association, partnership, trust, society or any other entity or group not incorporated or organized to do business in the U.S.Foreign governments and international organizations. (See part 120.16 of the ITAR.)

A Foreign Person also includes any U.S. Person representing a foreign entity. Back to top

Fundamental Research (ITAR Section 120.11(8))- is defined to mean basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. Government access and dissemination controls. University research will not be considered fundamental research if: The University or its researchers accept other restrictions on publication of scientific and technical information resulting from the project or activity, or The research is funded by the U.S. Government and specific access and dissemination controls protecting information resulting from the research are applicable. Back to top

Intermediate Consignee - The person that acts as an agent for a principal party in interest for the purpose of effecting delivery of items to the ultimate consignee.  The intermediate consignee may be a bank, forwarding agent, or other person who acts as an agent for a principal party in interest. Back to top

ITAR: International Traffic in Arms Regulations-  Governs the export and temporary import of defense articles and services under State Department jurisdiction. Regulations set forth in Parts 120-130 of Title 22 of the Code of Federal Regulations (CFR) and issued by the Department of State to implement the Arms Export Control Act (AECA) and other statutory requirements. The ITAR is amended by rules published in the Federal Register. Back to top

Knowledge- Knowledge of a circumstance (the term may be a variant, such as "know," "reason to know," or "reason to believe") includes not only positive knowledge that the circumstance exists or is substantially certain to occur, but also an awareness of a high probability of its existence or future occurrence.  Such awareness is inferred from evidence of the conscious disregard of facts known to a person and is also inferred from a person's willful avoidance of facts. Back to top

License- A License is a document issued by the U.S. government which permits the Export, or temporary import, of specified Defense Articles or Technical Data or the rendering of Defense Services controlled under U.S. Export laws and regulations. Back to top

NLR: "No License Required"- A symbol entered on the Shipper's Export Declaration (SED), certifying that no BIS export license is required. Back to top

OFAC: Office of Foreign Assets Control- The office at the Department of the Treasury that administers and enforces economic and trade sanctions against targeted foreign countries, terrorism sponsoring organizations and international narcotics traffickers based on U.S. foreign policy and national security goals. OFAC blocks assets of foreign countries subject to economic sanctions, controls participation by U.S. persons, including foreign subsidiaries, in transactions with specific countries or nationals of such countries, and administers embargoes on certain countries or areas of countries. Back to top

Production- Means all production stages, such as: product engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance.
(http://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear) Back to top

Public Domain- Information, which is published and generally accessible or available to the public. Back to top

Release- Technology is "releaseed" for export to Foreign Persons through visual inspection of U.S. origin equipment and facilities, or through oral exchanges of information with Foreign Persons, either in the U.S. or abroad. Back to top

Required- As applied to "technology" or "software", refers to only that portion of "technology" or "software" which is peculiarly responsible for achieving or exceeding the controlled performance levels, characteristics or functions. Such "required""technology" or "software" may be shared by different products. For example, assume products "X" is controlled if it operates at or above 400 MHz and is not controlled if it operates below 400 MHz. If production technologies "A", "B", and "C" allow production at no more than 399 MHz, then technologies "A", "B", and "C" are not "required" to produce the controlled product "X". If tecnologies "A", "B", "C", "D," and "E" are used together, a manufacturer can produce product "X" that operates at or above 400 MHz. In this example, technologies "D" and "E" are "required" to make the controlled prodcut and are themselves controlled under the General Technology Note. (See General Technology Note) Back to top

SDN: Specially Designated National- Specially designated nationals are identified by the Secretary of the Treasury under regulations issued by the Office of Foreign Assets Control (OFAC). Generally, the U.S. embargo on a country extends to SDNs of that country, wherever they may be located. You must consult OFAC before engaging in financial transactions with an SDN. Back to top

SDT: Specially Designated Terrorist- A specially designated terrorist is identified in regulations maintained by the Treasury Department's Office of Foreign Assets Control (OFAC). Under OFAC administered regulations, U.S. persons are prohibited from engaging in most transactions with SDTs. Additionally, the Export Administration Regulations impose export and reexport controls on SDTs. Back to top

SED: Shipper's Export Declaration- A shipping document used by the Bureau of Census for compiling U.S. trade statistics and by the Bureau of Industry and Security (BIS) in administering and enforcing the Export Administration Regulations. Back to top

Specially Designed- Commodities or software that either as a result of development, have properties peculiarly responsible for achieving or exceeding the controlled performance levels, characteristics, or functions described in the export regulations (ITAR or EAR); or are parts, components, accessories, attachments, or software for use in or with export controlled articles and are not excluded for one or more of the reasons listed in the regulations (See § 120.41(b). Source: § 120.41, Specially Designed. Back to top

Technical Assistance- The furnishing of assistance (including training) to Foreign Persons, 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. Back to top

Technical Assistance Agreement- An agreement (e.g., contract) for the performance of a defense service(s) or the disclosure of technical data, as opposed to an agreement granting a right or license to manufacture defense articles. Assembly of defense articles is included under this section, provided production rights or manufacturing know-how are not conveyed. Should such rights be transferred, ITAR 120.21 is applicable. Back to top

Technical Data- Information other than software 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, documentation, instructions, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, or read-only memories . (See part 120.10 of the ITAR) Back to top

Technology- Specific information necessary for the "development", "production", or "use" of a product. The information takes the form of "technical data" or "technical assistance". Controlled "technology" is defined in the General Technology Note and in the Commerce Control List.
General Technology Note.The export of "technology" that is "required" for the "development", "production", or "use" of items on the Commerce Control List is controlled according to the provisions in each Category.
"Technology" "required" for the "development", "production", or "use" of a controlled product remains controlled even when applicable to a product controlled at a lower level. Back to top

Ultimate Consignee- The principal party in interest located abroad who receives the exported or reexported items.  The ultimate consignee is not a forwarding agent or other intermediary, but may be the end-user. Back to top

Use- Operation, installation (including on-site installation), maintenance (checking), repair, overhaul and refurbishing. Back to top

U.S. Person-

A person who is a U.S. Citizen; or

Lawful permanent resident (green card holder); or

Protected individual (granted asylum, refugee or amnesty status).

It also means any corporation, business association, partnership, etc., that is incorporated to do business in the U.S. (See Part 120.15 of the ITAR.) Back to top

USML: United States Munitions List- The list of defense articles, technology and services under the export and temporary import jurisdiction of the State Department. The USML is found in Part 121 of the ITAR. The USML is amended by rules published in the Federal Register. Back to top

WA: Wassenaar Arrangement- The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies is a multilateral regime that contributes to regional and international security by promoting transparency and greater responsibility in international transfers of conventional arms and dual-use goods and technologies. Back to top