2. Export Controls: General Overview
International Traffic in Arms Regulations
State Department Office of Defense Trade Control
Military Application
Export Administration Regulations
Commerce Department Bureau of Export Administration
Commercial Application

3. Export Controls: ITAR – License Needed?
Review for Military Subject
Matter and/or Military Application

4. Export Controls: What is an export?
Any shipment, transfer or transmission by any means of any:
Commodity (equipment, hardware or material)
Technology (technical data or assistance)
Software

5. Export Controls: No License Required
Public Domain- information that is in the public domain is not subject to export control. Includes information which is published and generally accessible to the public.
Ex. - Information that concerns general scientific, mathematical or engineering principles commonly taught in Universities.

6. Export Controls: Types of Approvals
Technical Assistance Agreement (TAA)
Provision of training or services involving multiple interchange
Required language
Submitted unsigned
License
DSP-5 Unclassified
DSP - 85 Classified
One time
Permanent export
Valid up to 4 years

7. Export Controls: Export Administration Regulations
Commercial nonmilitary sales to foreign corporation or foreign government.
Ten General Prohibitions
Commerce Control List (CCL)
Denied Persons List

8. Export Controls: Not Subject to EAR
Public Domain
Controlled by other laws
EAR 99

9. Export Controls: Public Domain
Publicly Available Information
Including data, technology, software which is educational, previously published, included in patent application, results of fundamental research (no restrictions on publication)

10. Export Controls: License Required
Review SOW determine scope of project
CCL Category
ECCN
Cross check Country Chart
No Exceptions
Encryption Controls (software)
Denied Persons List or Prohibited Destination

11. Export Controls: Deemed Export
An export of technology or source code is “Deemed” to take place when released to a foreign national within the U.S.

12. Export Controls: Release
Release is making technology or software available to foreign nationals, visually orally or by practice or application under guidance of persons with knowledge of the technology.

13. Export Controls: When Applicable
Does not qualify under EAR99
No License Exception

14. Export Controls: License Required
License is required when intent is to transfer controlled technology to foreign nationals in the U.S. and a license would be required if the foreign nationals home country would require a license.

15. Export Control: Foreign National
Deemed export rule does not apply if:
Green Card
U.S. Citizenship
Political Asylum

16. Export Controls: Web Sites