Deemed Export - Providing, transferring or disclosing technology information to a foreign national within the U.S. See 15 CFR 734.2(b)(2)(ii). The following are examples of how a deemed export can be transmitted:
Defense Service - (See 22 CFR 120.9) 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 (those listed on the USML). Furnishing any technical data controlled by ITAR to a foreign person in the U.S. or abroad also constitutes a defense service under the regulations.
Export - Transfer to a foreign person in the U.S. or abroad of:
Transfers can be by:
Reference should be made to the official definition of export under the EAR and ITAR when determining whether a specific act constitutes an export. As "export" is currently
defined, it precludes a foreign national (either faculty or student) from participating
in research that involves covered technology without first obtaining a license from
the appropriate government agency.
Public Domain - Information that is published and generally accessible to the public:
Restricted or Embargoed Countries - ITAR regulations 22 CFR 126.1 specifies countries to which exports and sales are prohibited. Currently, it is the policy of the U.S. to deny licenses, other approvals, exports and imports of defense articles and defense services to: Afghanistan, Belarus, Cuba, Iran, Iraq, Libya, North Korea, and Vietnam; countries which the U.S. maintains an arms embargo (e.g. Burma, China, Haiti, Liberia, Rwanda, Somalia, Sudan and Democratic Republic of Congo (formerly Zaire); United National Security Council exports and sales embargoes (Angola); countries determined by the Secretary of State to have repeatedly provided support for acts of internal terrorism (Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria). Please use the ITAR Embargo Reference Chart for specific reference to Defense Trade Controls.
Technical Data (ITAR 22CFR 120.1) -
Excluded from this definition is information concerning general scientific, mathematical or engineering principles commonly taught in schools, colleges and universities or information in the public domain as defined in 22 CFR 120.11. It also does not include basic marketing information on function or purpose or general system descriptions of defense articles.
Public Domain - Information that is published and generally accessible to the public:
Restricted or Embargoed Countries - ITAR regulations 22 CFR 126.1 specifies countries to which exports and sales are prohibited. Currently, it is the policy of the U.S. to deny licenses, other approvals, exports and imports of defense articles and defense services to: Afghanistan, Belarus, Cuba, Iran, Iraq, Libya, North Korea, and Vietnam; countries which the U.S. maintains an arms embargo (e.g. Burma, China, Haiti, Liberia, Rwanda, Somalia, Sudan and Democratic Republic of Congo (formerly Zaire); United National Security Council exports and sales embargoes (Angola); countries determined by the Secretary of State to have repeatedly provided support for acts of internal terrorism (Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria). Please use the ITAR Embargo Reference Chart for specific reference to Defense Trade Controls.
Technical Data (ITAR 22CFR 120.1) -
Excluded from this definition is information concerning general scientific, mathematical or engineering principles commonly taught in schools, colleges and universities or information in the public domain as defined in 22 CFR 120.11. It also does not include basic marketing information on function or purpose or general system descriptions of defense articles.
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