Question 2(b): Is the item/technology to be shared, shipped or transferred either published, patented or generally accessible to the public in any form?
CCL-listed information and software that is generally accessible to the interested public in any form is considered to be publicly available and excluded from export controls:
- Fundamental research in science and engineering performed at an accredited institution of higher learning in the US;
- Publication in periodicals, books, print, electronic, or any other media available for general distribution to any member of the public or to a community of persons, either free or at a cost not exceeding the cost of reproduction and distribution (with allowance for a reasonable profit on the reproduction and distribution of such materials);
- Libraries open to the public or from university libraries;
- Through subscriptions which are available without restriction either free or at a cost not exceeding the cost of reproduction and distribution (with allowance for a reasonable profit on the reproduction and distribution of such materials);
- Published patents and open (published) patent applications available at any patent office; and/or
- unlimited distribution at conferences, meetings, seminars, trade shows or exhibitions in the US or abroad that are generally accessible to the public for a fee reasonably related to the cost, and where attendees may take notes.
- CCL-listed software becomes publicly available through/at one or both of the following:
- General distribution either free or at a cost not exceeding the cost of reproduction and distribution (with allowance for a reasonable profit on the reproduction and distribution of such materials); and/or
- Websites which are accessible to all members of the public, free of charge, and where the university does not have knowledge or control of who visits the site or downloads the information or software.
NOTE: In order for information or software resulting from fundamental research to be considered publicly available, the information or software must have been generated in the course of performing the research within the United States. Information and software resulting from research undertaken outside of the United States is not treated by US export control law as publicly available, and is subject to export control, unless it qualifies under other the publicly available criteria