Important Definitions

"Deemed export” refers to the sharing or release of export-controlled technology, software or source code to a foreign person within the United States, effectively “exporting” it to their country of citizenship.

Releases include:

• Visual inspection (reading specs, plans, etc.) of items that reveals “technology” or source code subject to Export Regulations
• Oral or written exchanges with a foreign person of “technology” or source code in the United State or abroad
• Any act causing the “release” of “technology” or “software”
• Use or hands-on training involving “use” technology for controlled equipment

Export controlled technology means information necessary for the “development,” “production” or “use,” of an export-controlled item

“Technology” may be in any tangible or intangible form, such as written or oral communications, blueprints, drawings, photographs, plans, diagrams, models, formulae, tables, engineering designs and specifications, computer-aided design files, manuals or documentation, electronic media or information revealed through visual inspection.

“Production” technology means all production stages, such as: product engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance.

“Development” technology refers 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.

“Use” technology refers to operation, installation (including on-site installation), maintenance (checking), repair, overhaul and refurbishing technology for the use of an export-controlled item, or as specified under each export control classification number

“Restricted” or “Proprietary” technology: There are instances in the conduct of research where a researcher, institution or company may decide to restrict or protect the release or publication of “technology” or “software” contained in research results. Once a decision is made to maintain such “technology” or “software” as restricted or proprietary, the “technology” or “software,” becomes subject to the EAR.

Unclassified “technology” or “software” is published and is thus not “technology” or “software” subject to the Export Administration Regulations, when it has been made available to the public without restrictions upon its further dissemination such as through any of the following:

• Unlimited distribution at a conference, meeting, seminar, trade show, or exhibition, generally accessible to the interested public;
• Public dissemination (i.e., unlimited distribution) in any form (e.g.,not necessarily in published
•  form), including posting on the Internet on sites available to the public; or
• Submission of a written composition, manuscript, presentation, computer-readable dataset, formula, imagery, algorithms, or some other representation of knowledge with the intention that such information will be made publicly available if accepted for publication or presentation:
  • (i) To domestic or foreign co-authors, editors, or reviewers of journals, magazines, newspapers or trade publications;
  • (ii) To researchers conducting fundamental research; or
  • (iii) To organizers of open conferences or other open gatherings.