Commonly Used Terms

A list of “dual use” items, materials, software, and technology, subject to export regulation, maintained by the Department of Commerce. Dual use means the item may be used both in military and other strategic uses (e.g., nuclear) and in commercial applications.

Exporting without crossing borders. A transfer of a controlled item or information is "deemed" to be an export to the home country or countries of the foreign national.

Any item or technical data designated by the Department of State in the International Traffic in Arms Regulations (ITAR).

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.

Found at 15 CFR part 774. Issued by the U.S .Department of Commerce, Bureau of Industry and Security (BIS) addressing export control of commercial and dual use technologies.

A government-mandated sanction that restricts trade with a foreign county; a government prohibition against the shipment of certain products to a particular country for economic or political reasons.

Federal laws and regulations that restrict the flow of certain materials, devices, and technical information related to such materials and devices outside the United States or to foreign persons in the United States.

A person in the United States in non-immigrant status

• Visa holders, for example, H-1B, H-3, L-1, J-1, F-1, O-1
• A person unlawfully in the United States
• A U.S. Permanent Resident (green card holder) is NOT considered to be a foreign national

A business or other entity not incorporated in the United States or a foreign government

Individuals (including U.S. citizens) who represent a foreign entity

Basic and applied 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, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. government access and dissemination controls. The products of fundamental research are not subject to export license requirements or other government approval.