Definitions

Commerce Control List: A list of commodities and related technical data that are principally commercial in nature and deemed not appropriate for inclusion on the U.S. Munitions List. Some of these controlled commodities are referred to as “dual-use.” That is, they have an actual or potential military as well as civilian, commercial application. Export of these articles is implemented in the Export Administration Regulation (EAR).

Controlled Information: Controlled information is information about controlled physical items. This includes information which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of controlled physical items and may be released through visual inspection, oral exchanges, or the application of personal knowledge or technical experience with controlled physical items. This includes information in the form of blueprints, drawings, photographs, plans, instructions and documentation. Also included in this definition are non-physical items (software and algorithms, for example) listed under EAR and ITAR. (See 15 CFR 730-774 and 22 CFR 120-130 for further details.) Controlled Physical Items: Controlled physical items are dual use technologies listed under EAR and defense articles listed on ITAR’s USML. (See 15 CFR 730-774 and 22 CFR 120-130 for further details.)

Controlled Physical Items: Controlled physical items are dual use technologies listed under EAR and defense articles listed on ITAR’s USML. (See 15 CFR 730-774 and 22 CFR 120-130 for further details.)

Deemed Export: Any transfer to a citizen or permanent resident of a foreign country, regardless of where the transfer occurs, is deemed by the U.S. government to be an export to that country. Exceptions of who can receive a transfer are permanent U.S. citizens, i.e., foreign nationals with "green cards, or "protected individuals," i.e., foreign nationals granted political asylum in the U.S.

Defense Service: (1) The furnishing of assistance (including training) to foreign persons, whether in the U.S. or abroad in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles; or (2) The furnishing to foreign persons of any technical data controlled under the ITAR, whether in the U.S. or abroad.

Dual Use: Goods and technology that are not inherently military in nature, and are primarily and inherently commercial or potentially commercial in nature, but that the government has decided may have a dual use for a military purpose, when received or obtained by particular individuals, or for particular purposes, or within particular countries. Dual use is a concept underlying the government's rationale for what items and information, and what individuals and what uses, may require a license. In addition, there are some "purely commercial" items and information that require a license under the EAR.

Educational Information: Information released through instruction in catalog courses and associated teaching laboratories of academic institutions (15 CFR 734.9).

Export: An export occurs when a controlled physical item or controlled information is transmitted outside the United States borders or when a controlled physical item or controlled information is transmitted to a foreign person in the United States. When a controlled physical item or controlled information is transmitted to a foreign person in the United States, it is known as a deemed export. The term “export” is broadly defined. It generally includes (1) actual shipment of any controlled physical items; (2) the electronic or digital transmission of any controlled information; (3) any release or disclosure, including verbal disclosures and visual inspections, of any controlled 15.02 Export Controls Page 5 of 5 information; or (4) actual use or application of controlled physical items or controlled information on behalf of or for the benefit of a foreign entity or person anywhere. Complete definitions of the term “export” are contained in the federal regulations.

• The definition of Export is determined by the appropriate references as indicated by EAR and ITAR.

• EAR: Actual transport or shipment of items out of the U.S. or release of technology or software subject to EAR to a foreign national in the U.S. as described in EAR.

• ITAR: 1) Sending or taking a defense article out of the U.S. in any manner except by mere travel outside of the U.S. by a person whose personal knowledge includes technical data. 2) Transferring registration, control, or ownership to any foreign person of any aircraft, vessel or satellite covered by the U.S. Munitions List whether in the U.S. or abroad. 3) Disclosing (including oral or visual disclosure) or transferring in the United States any defense article to an embassy, any agency or subdivision of a foreign government (e.g., diplomatic missions). 4) Disclosing (including oral or visual disclosure) or transferring technical data to a foreign person, whether in the U.S. or abroad. 5) Performing a defense service on behalf of, or for the benefit of, a foreign person, whether in the U.S. or abroad. 6) A launch vehicle or payload shall not, by reason of the launching of such vehicle, be considered an export. (See 22CFR 120.17 for details.)

Foreign Person/Foreign National:  For export control purposes, a foreign person includes any individual in the United States in nonimmigrant status (i.e., H-1B, H-3, L-1, J-1, F-1, B-1, Practical Training), and individuals unlawfully in the United States.

A foreign person is also any branch of a foreign government or any foreign corporation or group that is not incorporated or organized to do business in the United States.

For export control purposes, a foreign person is not an individual who is a United States citizen, lawful permanent resident of the United States, a refugee, protected political asylee or someone granted temporary residency under amnesty or Special Agricultural Worker provisions

Fundamental Research:  Information, including non-encrypted software code, resulting from basic and applied research in science and engineering conducted at TAMUK that is ordinarily published and shared broadly within the scientific community and that is not restricted for proprietary reasons or specific national security reasons.

Individual Responsibility: All employees and affiliates of TAMUK are ultimately individually responsible for ensuring compliance with U.S. export controls regulations, as well as System policies and regulations, and must conduct their affairs in accordance.

Limited Access Authorization:  Security access authorization to confidential or secret information granted to non-U.S. citizens requiring such limited access in the performance of their duties.

Protected Individuals:  8 U.S.C. 1324b(a)3 defines a Protected Individual as an individual who is:

• a citizen or national of the United States, or

• an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160(a) or 1255a(a)(1) of this title, is admitted as a refugee under section 1157 of this title, or is granted asylum under section 1158 of this title; but does not include (I) an alien who fails to apply for naturalization within six months of the date the alien first becomes eligible (by virtue of period of lawful permanent residence) to apply for naturalization or, if later, within six months after November 6, 1986, and (ii) an alien who has applied on a timely basis, but has not been naturalized as a citizen within 2 years after the date of the application, unless the alien can establish that the alien is actively pursuing naturalization, except that time consumed in the Service’s processing the application shall not be counted toward the 2-year period.

Technical Data: Information of any kind that can be used, or adapted for use, in the design, production, manufacture, utilization, or reconstruction of articles or materials. These data may take a tangible form, such as a model, prototype, blueprint, or an operating manual; or these data may take an intangible for such as technical services.

U.S. Person: can be a:

• U.S. citizen
• permanent resident who does not work for a foreign company, a foreign government, or a foreign governmental agency/organization
• political asylee
• part of the U.S. government
• corporation, business, organization, or group that is incorporated in the U.S. under U.S. law

• U.S. Person (From the ITAR – for export control purposes):  A Person who is lawful permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is a protected individual as defined by 8 U.S.C. 1324b(a)(3); any corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the U.S.; and/or any governmental (federal, state or local) entity.

• U.S. Person (From the NISPOM – for classified information purposes):  Any form of business enterprise or entity organized, chartered or incorporated under the laws of the U.S. or its possessions and trust territories and any person who is a citizen or national of the U.S.

The compete definition of these terms are available at: Export Administration Regulation