| | Generally speaking, under U.S. law, an export is defined to be: - Any shipment, transfer, or transmission out of the United States, by any means (including hand-carrying), of any:
- Commodity (equipment, hardware, or materiel)
- Technology (technical data, information, or assistance)
- Software (commercial as well as custom)
- Any transfer to any person or entity of a commodity, technology, or software by physical, electronic, oral, or visual means with the knowledge or intent that the item(s) will be shipped, transferred, or transmitted to a non-U.S. entity or individual.
- Any disclosure of technical data or information to a foreign entity or individual, by any means, inside or outside of the United States. This includes interactions with foreign persons visiting or on foreign travel.
- Any transfer of a commodity, technology, or software, by any means, to a foreign embassy or affiliate.
| Important Concept: "Deemed Export" Any transfer to a citizen or representative of a foreign country, regardless of where the transfer occurs, is deemed by the U.S. government to be an export to that country -- unless the person is a permanent resident of the U.S.; that is, holds a so-called "green card." The SUPERVISED use of an export controlled computer by a foreign national does not in itself constitute a "deemed export." The key is to ensure that the work is SUPERVISED. As long as a foreign national does not have access to the OPERATING SYSTEM, SOURCE CODES, OR INTERNAL HARDWARE, there is no export control concern. |
It is also important to know that exporting is not limited to simply transferring a document or piece of equipment to a foreign national. The range of activities that potentially could pose export-control concerns is quite broad. Examples include: - Direct exports; Cooperative Research and Development Agreements (CRADAs); contracts; and donations, sales, or transfers of surplus equipment.
- International and domestic collaborations and technical exchange programs, including lab-to-lab programs.
- Publications, such as reports, conference papers, abstracts, and journal articles.
- Written materials in general, from memos and letters to trip reports and work notes.
- Presentations at conferences and other public meetings, both domestic and foreign.
- Visits and assignments by foreign nationals.
- Foreign travel by employees.
- Conversations with foreign nationals anywhere.
- Specifications included in proposals or requests for quotations.
- Other types of communication - such as telephone calls, faxes, e-mails, mailings, or the placement of material on the World Wide Web.
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