Definitions

Commerce Control List (CCL)

Items listed on the Commerce Control List (CCL) have dual commercial and military applications and are regulated by the U.S. Department of Commerce under the Export Administration Regulations (EAR).

Committee on Foreign Investment in the United States (CFIUS)

The Committee on Foreign Investment in the United States (CFIUS) is an interagency government body that reviews transactions involving foreign entities acquiring both controlling and certain non-controlling interests in U.S. companies.

Comprehensively Sanctioned Country

The Office of Foreign Assets Controls (OFAC) administers a number of U.S. economic sanctions and embargoes that target geographic regions and governments. Some programs are comprehensive in nature and block the government and include broad-based trade restrictions, while others target specific individuals and entities. Sanctions vary by country and currently, the most restrictive and comprehensive sanctions are against Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine.

Deemed Export

Release or disclosure within the U.S. of controlled technology (or technical data) or software source code to a Foreign Person. Deemed re-export occurs when such release is occurs outside the U.S.

Defense Article

An ITAR-controlled item on the United Stations Munitions List (USML).

Dual-Use

Dual-use items have both commercial and military applications and are regulated by the U.S. Department of Commerce under the Export Administration Regulations (EAR).

Electronic Export Information (EEI)

Electronic Export Information (EEI) – details pertaining to a tangible export that is filed in the Automated Export System (AES) prior to export when required, such as when a shipment value exceeds $2,500 or when an item is shipped under an export license or license exception/exemption.

Export

Transfer of items, (technology, software, or technical data) out of the U.S by any means (electronic, verbal, shipping etc.) Export includes the concept of "deemed export".

Export Administration Regulations (EAR)

The Export Administration Regulations (EAR) regulate the export of equipment, materials, software source code, and technology that have dual commercial and military applications under the jurisdiction of the U.S. Department of Commerce. These dual-use items are identified on the Commerce Control List (CCL).

Export Control Classification Number (ECCN)

The Export Control Classification Number (ECCN) is the alphanumeric designation assigned to items controlled by the EAR.

Export License

An export license is authorization from the U.S. government to export a specific item or service.

Foreign Person

Any natural person who is not a lawful permanent resident of the United States, citizen of the United States, or any other protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any corporation, business association, partnership, trust, society or any other entity or group that is not incorporated in the United States or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of a foreign government (e.g., diplomatic mission). "Foreign Person" is synonymous with "foreign national," as used in the EAR, and "foreign person" as used in the International Traffic in Arms Regulations (22 CFR 120.16).

Fundamental Research

Fundamental research is any basic or applied research in science or engineering, the results of which are ordinarily published and shared broadly in the scientific community. Under the ITAR, the research must be conducted at accredited institutions of higher learning in the U.S to qualify as fundamental. Under the EAR, the research can be conducted anywhere and still qualify as fundamental.

Fundamental Research Exclusion (FRE)

When research qualifies as fundamental research, it does not fall under the purview of the export control regulations. This is referred to as the Fundamental Research Exclusion (FRE) and it allows the informational results of fundamental research to be freely shared without restriction.

International Traffic in Arms Regulations (ITAR)

The International Traffic in Arms Regulations (ITAR) regulate the export of defense articles, defense services, and related technical data under the jurisdiction of the U.S. Department of State. These defense items are identified on the U.S. Munitions Control List (USML).

License Exception

A license exception is an exception under the EAR to export an item or service that otherwise would require a license.

Office of Foreign Assets Control (OFAC)

The Office of Foreign Assets Control (OFAC) in the U.S. Department of Treasury administers economic and trade sanctions in support of U.S. national security and foreign policy objectives. These sanctions generally prohibit importation and exportation of goods and services to and/or from a sanctioned or embargoed country.

Publicly Available Information

Information is publicly available when it is has been made available to the public without restrictions upon its further dissemination (e.g., published in journals, books, patents, online, or presented at open conference).

Release

Technology or software is released through visual or other inspection by a Foreign Person of items that reveals controlled technology or source code. Release can also occur via oral or written exchanges with a Foreign Person in the United States or abroad.

Restricted Party

A restricted party is an individual or entity identified by the U.S. government that Emory may not be able engage in activities or financial transactions without additional due diligence.

Technical Data

Technical Data – generally, information that is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance, or modification of defense articles OR software directly related to defense articles. See ITAR § 120.10 for more details.

Technology

Information necessary for the "development,"* "production,"* "use,"* operation, installation, maintenance, repair, overhaul, or refurbishing (or other terms specified in ECCNs on the CCL that control "technology") of an item. *Note these terms have specific definitions under EAR § 772.1

Technology Control Plan (TCP)

A Technology Control Plan (TCP) is a customized management plan created by Emory's Export Control Officer, which outlines the procedures to prevent access to export-controlled items, technologies, data, or information by unauthorized individuals.

United States Munitions List (USML)

Items listed on the United States Munitions List (USML) are defense articles, defense services, and related technical data regulated by the U.S. Department of State under the International Traffic in Arms Regulations (ITAR).