Defense Article –Refers to any item designated in the United States Munitions List (USML). Examples include specified chemical agents, cameras designated for military purposes, specified lasers, and GPS equipment as noted above. “Defense article” also refers to any technical data recorded or stored in any physical form, models, mock-ups, or other items that reveal technical data directly relating to the particular item or “defense article” listed in the USML; “defense article” does not include basic marketing information on function, purpose, or general system description.
Defense Service – Refers to: (1) the furnishing of assistance (including training) anywhere (inside the United States or abroad) to foreign nationals in connection with the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing, or use of defense articles; or (2) the furnishing of any controlled “technical data” (see definition below) to foreign nationals anywhere.
Dual-use – Items that have both commercial and military or proliferation applications. This term is used informally to describe items that are subject to the EAR, purely commercial items also are subject to the EAR.
Export – An actual shipment or transmission of items, services, or technical data subject to either the EAR or the ITAR out of the United States, or the release of technology, software, or technical data subject to either EAR or ITAR to a foreign national in the United States. Technology, software, or technical data is “released” for export through: (1) Visual inspection by a foreign national of U.S. origin equipment and facilities, (2) Oral exchanges of information in the United States or abroad, (3) Transfer or shipment via any means (physical or electronic) to a foreign entity, or (4) Providing a service or technical know-how acquired in the United States to a foreign individual or entity.
Export Administration Regulations (EAR) – Regulations promulgated and implemented by the Department of Commerce that regulate the export of goods and related technology identified on the Commodity Control List. Note that goods and technology on the CCL are not inherently military in nature; they are primarily and inherently commercial or potentially commercial in nature.
Foreign National – Persons who are not U.S. citizens, aliens who are “Lawful Permanent Residents” (Green Card), or other “Protected Individuals” under the Immigration Laws or designated an asylee, refugee, or a temporary resident under amnesty provisions. A foreign national also means any foreign corporation, business association, partnership, or any other entity or group that is not incorporated to do business in the United States. Under ITAR, the term “foreign person” is often used, but has the same definition as “foreign national” herein.
Fundamental Research – Refers to basic or applied research in science and engineering performed or conducted at an accredited institution of higher learning in the United States where the resulting information is ordinarily published and shared broadly in the scientific community. The products of fundamental research are not subject to export license requirements or other government approval. Fundamental research is distinguished from research that results in information that is restricted for proprietary reasons or national security reasons (EAR) or pursuant to specific U.S. government access and dissemination controls (ITAR).
International Trafficking in Arms Regulations (ITAR) – The International Trafficking in Arms Regulations (ITAR), are regulations promulgated and implemented by the Department of State that control the export of articles, services, and related technical data that are inherently military in nature, as determined by the State Department. These “defense articles,” “defense services,” and related “technical data” are listed on the United States Munitions List (USML). Even some articles and technologies that are not readily identifiable as inherently military in nature—for example, research satellites—are included on the USML.
Office of Foreign Assets Control (OFAC) – Part of the U.S. Department of Treasury that administers and enforces economic embargoes and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries, terrorists, international narcotics traffickers, and those engaged in activities related to the proliferation of weapons of mass destruction. OFAC acts under presidential wartime and national emergency powers, as well as authority granted by specific legislation, to impose controls on transactions and freeze foreign assets under U.S. jurisdiction.
Public Domain – information that is already published and that is generally accessible or available to the public: (1) through sales at newsstands and bookstores; (2) through subscriptions that are available without restriction to any individual who desires to obtain or purchase the published information; (3) through second-class mailing privileges granted by the U.S. government; (4) at libraries open to the public or from which the public may obtain documents, including most university libraries; (5) through published patents; (6) through unlimited distribution at a conference, meeting, seminar, trade show, or exhibition, generally accessible to the public, in the United States (ITAR) or anywhere (EAR); (7) through public release (i.e., unlimited distribution) in any form (e.g., not necessarily in published form) after approval by the cognizant U.S. government department or agency, including websites accessible to the public for free and without the host’s knowledge of or control of who visits or downloads the software and/or information (clearly acceptable under EAR and likely acceptable under ITAR); and (8) through fundamental research in science and engineering at accredited institutions of higher learning in the United States where the resulting information is ordinarily published and shared broadly in the scientific community.
Reexport – Refers to an actual shipment or the transmission of items subject to export regulations from one foreign country to another foreign country. For the purposes of the U.S. EAR, the export or reexport of items subject to the EAR that will transit through a country or countries to a new country, or that are intended for reexport to the new country, are deemed to be exports to the new country.
Sanctioned Countries – Countries designated by OFAC as having limited or comprehensive trade sanctions imposed by the United States for reasons of anti-terrorism, non-proliferation, narcotics trafficking, or other reasons.
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 classified information relating to defense articles and defense services, information covered by an invention secrecy order, and software directly related to defense articles.
Technology – 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.
United States Munitions List (USML) – (22 CFR § 121.1) The USML includes articles, services, and related technical data designated as defense articles and defense services pursuant to the Arms Export Control Act (AECA).
U.S. national or U.S. person - either 1) a U.S. citizen, lawful permanent resident alien ("Green Card Holder"), refugee, protected political asylee or someone granted temporary residency under amnesty or Special Agricultural Worker provisions; or, 2) Any juridical person (i.e. organizations under the laws of the United States or any jurisdiction within the U.S., including foreign branches).