Export Control Regulations - ECR Glossary
CCL – Commerce Control List. A list of dual-use items under the export control jurisdiction of the Bureau of Industry and Security, U.S. Department of Commerce. Note that certain additional items described in part 732 of the Export Administration Regulations are also subject to the EAR. [Supplement 1 to part 774 of Title 15 of the Code of Federal Regulations]
Defense article. Any item designated on the United States Munitions List (USML) including ‘technical data’ which is defined as: information required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles; any information that is classified or covered by invention secrecy order; and any software directly related to any item designated on the USML. [ITAR: 22 CFR M Parts 120.6 & 120.10]
Defense service. The furnishing of assistance (including training) to foreign persons, whether in- or out- side of the U.S, in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles; the furnishing to foreign persons of any technical data controlled under ITAR whether in- or out- side of the U.S; or military training of foreign units and forces by any means or methods, whether in the U.S. or abroad. [ITAR: 22 CFR M Parts 120.9]
EAR – Export Administration Regulations. Set forth in Parts 730–774 of Title 15 of the Code of Federal Regulations (CFR) and issued by the U.S. Department of Commerce, Bureau of Industry and Security to implement the Export Administration Act of 1979, as amended, 50 U.S.C. app. 2401–2420 (EAA) and other statutory requirements. EAR control the export and re-export/re-transfer of dual-use items covered by the Commerce Control List (CCL), and restricts exports of any EAR-controlled items to individuals and entities subject to Foreign Assets Controls or Department of State Nonproliferation Sanctions, or identified on the Denied Persons List, Entity List, Unverified List, or any OFAC or ITAR entity lists.
Encryption software. Computer programs that provide capability of encryption functions or confidentiality of information or information systems. Such software includes source code, object code, applications software, or system software. [EAR: 15 CFR VII, Part 772.1]
Export. Any actual shipment or transmission of controlled items out of the U.S. (an ‘actual’ export); or any written, oral or visual release or disclosure of controlled technology, technical data, information or software or source code to a foreign national in- or out- side of the U.S. (a ‘deemed’ export). [EAR: 15 CFR B, Part 734.2(b) & ITAR: 22 CFR M Part 120.17(a)]
Export License. The approval documentation issued by an export agency authority authorizing the recipient to proceed with the export, reexport, or other regulated activity as specified on the application.
FAC – Foreign Assets Controls. Set forth in 31 CFR Parts 500-598 and enacted by Presidential national emergency powers are administered and enforced by The Department of the Treasury, Office of Foreign Assets Control (OFAC). OFAC administers and enforces economic and trade sanctions against known terrorists, narcotics traffickers and proliferators of weapons of mass destruction as named on the Specially Designated Nationals & Blocked Persons List, and against targeted foreign countries and regimes that are hostile to the U.S. as identified on the Country Sanctions List.
Foreign person (ITAR) & Foreign national (EAR). Any natural person who is NOT a U.S. citizen or lawful permanent resident of the U.S. (e.g., ‘green card’ holder) as defined by 8 U.S.C. 1101(a)(20), or who is not a protected individual (i.e., political refugee or asylum holder) as defined by 8 U.S.C. 1324b(a)(3). The term also includes 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, as well as international organizations, foreign governments and any agency or subdivision of foreign governments (e.g., diplomatic missions). [EAR: 15 CFR VII, Part 772.1 & ITAR: 22 CFR M Part 120.16]
ITAR – International Traffic in Arms Regulations. Set forth in Parts 120–130 of Title 22 of the Code of Federal Regulations (CFR) and issued by the U.S. Department of State, Directorate of Defense Trade Controls to implement 22 U.S.C. 2778 of the Arms Export Control Act (AECA) and Executive Order 11958, as amended. ITAR control the permanent and temporary export, re-export/re-transfer, and temporary import of defense articles and defense services covered by the United States Munitions List (USML), and restricts exports of any ITAR-controlled items to individuals and entities subject to Foreign Assets Controls or Nonproliferation Sanctions, or identified on the Debarred List, or any OFAC or EAR entity lists.
Re-export/Re-transfer. The shipment or transmission of a controlled item from one foreign country to another foreign country, or any written, oral or visual release or disclosure of controlled technology, technical data, information, software or source code in one foreign country to a national of another foreign country. [EAR: 15 CFR B, Part 734.2(b) & ITAR: 22 CFR M Part § 120.19]
Release or disclosure. As pertains to controlled technology/technical data, information, and encrypted software, release or disclosure includes oral, visual, or written communications such as face-to-face, telephone, fax or e-mail, technical assistance or training, computer data disclosure, tours involving visual inspection, and foreign students or foreign professors conducting research.
- Technical data. Denotes: (1) information required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles, i.e.: blueprints, drawings, photographs, plans, instructions or documentation; (2) classified information relating to defense articles and defense services; (3) information covered by an invention secrecy order; (4) software directly related to defense articles including but not limited to the system functional design, logic flow, algorithms, application programs, operating systems and support software for design, implementation, test, operation, diagnosis and repair. [ITAR: 22 CFR M Part 120.10(a) and 121.8]
- Technology. Denotes specific information (i.e., ‘technical data or technical assistance’) necessary for the ‘development’’, ‘‘production’’ or ‘’use’ of a product. ‘ Technical assistance’ may take forms such as instruction, skills training, working knowledge and consulting services, and may involve transfer of ‘technical data’ which may take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories. [EAR: 15 CFR VII, Part 772.1]
Temporary import. Bringing into the U.S. from a foreign country any defense article that is to be returned to the country from which it was shipped or taken, or any defense article that is in transit to another foreign destination. [ITAR: 22 CFR M Part 120.17(a)]
USML - United States Munitions List (PDF). A list of defense articles and defense services under the export control jurisdiction of the U.S. Department of State, Directorate of Defense Trade Controls. [Part 121 of Title 22 of the Code of Federal Regulations (CFR)]