Export: Any oral, written, electronic (such as email, internet, etc.) or visual disclosure, shipment, transfer or transmission outside the U.S. to anyone, including a U.S. citizen, of any commodity, technology (information, technical data, or assistance), software, source codes, or equipment.
Deemed Export: A deemed export refers to the sharing or release of controlled technology, technical data or source code to a foreign person within the United States. Deemed exports may occur through such means as an in-person demonstration of lab processes, an oral briefing, or a lab visit, as well as electronic transmission of non-public data to a foreign person. This exchange is “deemed” to be an export to the country of the foreign national.
Commerce Control List: The US Department of Commerce’s Export Administration Regulation (EAR) Commerce Control List (CCL) categorizes items by type and function.
(0) Nuclear Materials, Facilities and Equipment, Firearms, Ammunition, and Miscellaneous Items
(1) Special Materials and Related Equipment, Chemicals, “Microorganisms,” and “Toxins”
(2) Materials Processing
(3) Electronics
(4) Computers
(5) Telecommunications and Information Security
(6) Sensors and Lasers
(7) Navigation and Avionics
(8) Marine
(9) Aerospace, Propulsion Systems, Space Vehicles, and Related Equipment
If an item is subject to the EAR but not specifically listed on the CCL, then it may considered “EAR99” with some restrictions.
US Munitions List: The US Department of State’s International Traffic in Arms Regulations (ITAR) U.S. Munitions List (USML) regulates defense articles, services, and related technical data through 21 categories of articles.
- Firearms, Close Assault Weapons and Combat Shotgun
- Guns and Armament
- Ammunition/Ordnance
- Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs, and Mines
- Explosives and Energetic Materials, Propellants, Incendiary Agents, and Their Constituents
- Surface Vessels of War and Special Naval Equipment
- Ground Vehicles
- Aircraft and Related Articles
- Military Training Equipment and Training
- Personal Protective Equipment
- Military Electronics
- Fire Control, Range Finder, Optical and Guidance and Control Equipment, Night vision goggles
- Materials and Miscellaneous Articles
- Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment
- Spacecraft and Related Articles
- Nuclear Weapons Related Articles
- Classified Articles, Technical Data, and Defense Services Not Otherwise Enumerated
- Directed Energy Weapons
- Gas Turbine Engines and Associated Equipment
- Submersible Vessels and Related Articles
- Articles, Technical Data, and Defense Services Not Otherwise Enumerated
US Person: A citizen of United States, a lawful permanent resident of the US (a “Green Card” holder), a refugee, or someone here as a protected political asylee or under amnesty. US Persons also include organizations and entities in the US, including US universities. The general rule is that only US Persons are eligible to receive controlled items, software or information without first obtaining an export license from the appropriate agency unless a license exception or exclusion is available.
Foreign Person: Any person who is not a US Person. It also means any foreign corporation, business association, partnership, trust, society or any other entity or group that is not incorporated or organized to do business in the United States. Examples of foreign persons include those in F-1, J-1, or H-1B status at UConn, such as international students, post-doctoral scholars, research staff, and UConn/UCHC foreign national employees.
Fundamental Research: Research in science, engineering, or mathematics, the results of which ordinarily are published and shared broadly within the research community, and for which the researchers have not accepted restrictions for proprietary or national security reasons.
Technical Data: Information that 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 and documentation. It also includes software directly related to defense articles. This definition does not include information concerning general scientific, mathematical, or engineering principles commonly taught in schools, colleges, and universities. This definition also does not include basic marketing information on function or purpose or general system descriptions of defense articles.
Technology: Technology refers to specific information necessary for the development, production, or use of a product. Under U.S. export control regulations, this includes technical data, blueprints, plans, diagrams, models, formulas, and instructions, whether in tangible or intangible form. Technology is controlled when it is listed on the Commerce Control List (CCL) or U.S. Munitions List (USML) and may require authorization before being shared with foreign persons or entities.
Dual Use: Dual use refers to items, information, and software that are primarily commercial or civil in nature but also have potential military applications. Dual use items that are identified on the Export Administration Regulation‘s Commerce Control List (CCL) have an Export Control Commodity Number (ECCN) and are of elevated strategic concern. Dual use items that are subject to regulation but are not identified on the CCL are termed “EAR99.” Dual use items may require an export license depending on the item, the recipient, the recipient’s citizenship or country of destination, and the item’s application.
Defense Service: The following situations are considered Defense Service:
- Furnishing 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.
- Furnishing to foreign persons any technical data controlled under the ITAR, whether in the United States or abroad.
- Military training of foreign units and forces, regular and irregular, including formal or informal instruction of foreign persons in the United States or abroad or by correspondence courses, technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice.
Controlled Unclassified Information (CUI): Information that the U.S. Government creates or possesses—or that an entity creates or possesses for or on behalf of the government—that requires safeguarding or dissemination controls in accordance with applicable laws, regulations, and government-wide policies.
Country of Concern: A foreign country of concern (FCOC) is a nation identified by the U.S. government as posing heightened risks to national security, research integrity, or economic competitiveness. Entities outside these countries but owned or controlled by them are also subject to restrictions.
License: A formal authorization issued by a U.S. government agency—such as the Department of Commerce (BIS) or Department of State (DDTC)—that permits the export, reexport, transfer, or disclosure of controlled items, technology, or services to a foreign person or destination. A license is typically required when an export cannot be made under a license exception or general authorization due to the item’s classification, end use, end user, or destination.