A key in determining whether an export license is needed from the Department of Commerce under the EAR is finding out if the item you intend to export has a specific Export Control Classification Number (ECCN). Deemed exports are exports of technical data or source code to foreign nationals here in the US. Medical and health sciences; A U.S. person includes a: Note: This differs from the definition used in the "Foreign Visits and Assignments" process, which considers anyone not actually a US citizen to be a foreign national. Referred to as "defense articles," such items are found on the U.S. In any given organization information system can be classified based on the usage of the information. There are different types of medical technologies such as instruments to analyze diseases, gadgets for reducing pain, and instruments for treating and curing diseases. Technical Data/Technology may be in any tangible or intangible form, such as written or oral communications, blueprints, drawings, photographs, plans, diagrams, models, formulae, tables, engineering designs and specifications, computer-aided design files, user manuals or documentation, electronic media or information revealed through visual inspection. To register, enter your name and lbl.gov email address here: https://www.visualcompliance.com/register.html. In a second place, the technological portfolios of two large industrial corporations are projected on this global map, allowing comparisons that are visually attractive and potentially useful for research, development and innovation policy makers as for research managers within corporations. List all equipment and data they will access/use. Hand-carrying items during international travel, Emailing technical data or software to recipients in foreign countries, Allowing foreign entities access to download technical data or software, Providing technical services or assistance to foreign entities. What Special Rules Apply to Cuba, Iran and Syria? will be irrelevant. § 740.1, Supplement No. Despite being different from each other disciplines with cross references, or within the same field, are considered to have common characteristics. The majority of commercial products are designated EAR99 and generally will not require a license to be exported or reexported. Disciplines: Provide an overview of specialty groups in Science and Technology. The “600 series” describes military items that were once subject to the ITAR. . Sichuan University staff). The three classifications of technology include information which is widely popular because is associated with computers, assistive and medical. Both versions distinguish six top-level categories: Disciplines: Provide an overview of specialty groups in Science and Technology. Sciences, technologies and visualizations © 2011- var d = new Date(); document.getElementById("copyright_year").innerHTML = d.getFullYear(); . In other words, it is a short or insufficient piece of information and requires additions. For technical data, EAR99 is intended to apply limited controls to technology that falls in the gray area between those with specific export controls categories (ECCN, USML, etc.) 1 to Part 774 of the EAR), which is divided into ten broad categories, and each category is further subdivided into five product groups. Exporting Items, Technical Data or Software Abroad, Access to Export Controlled Items and Data. The U.S. export regulations identify controlled technology by publishing control lists: In order to understand what export restrictions apply to your technology, you must first determine which regulation(s) may apply. Describe the physical, electronic, and procedural measures necessary to prevent unauthorized access to the export controlled technology. Operations support system An export of technology or source code is "deemed" to take place when it is released to a foreign national within the US. Licenses are required for the export of Defense Articles and Defense Services to every country. You have accepted no publication/dissemination or access restrictions (i.e. What are the 5 Classification of Computers? § 120.16, and the EAR, 15 C.F.R. Because EAR99 technology is present in every building and lab at LBNL, at a minimum, we must screen all visitors, guests, and staff against the restricted parties lists prior to granting access. ITAR’s US Munitions List, EAR’s Commerce Control List, or NRC/DOE regulations). The U.S. Department of the Treasury oversees U.S. economic sanctions and embargoes through its Office of Foreign Assets Control (OFAC). Social sciences; , the controls . Memorandum from Robert N. Shelton, Vice Provost for Research, to the Vice Chancellors for Research, Information legitimately and legally in the public domain, Educational Information (information commonly taught in colleges or universities), Patented Information (information contained in the approved patent application), Open labs that expose export controlled technology (“visual access” = export for ITAR), Lab notes, user manuals, software code, technical diagrams, or “know-how” that is not, Participation in research or meetings involving export controlled technology, Non-disclosure or confidentiality agreements, Government restrictions or markings (classified, OUO, SBU, HIPAA, etc. As defined under the ITAR, 22 C.F.R. ... Dinesh Thakur is a Technology Columinist and founder of Computer Notes. Humanities. §§ 501-98. An individual, organization or entity appearing on any one of the U.S. government restricted party lists (e.g., the Department of Treasury Specially Designated Nationals List (SDN) or the Department of Commerce Entity List) as a “restricted party” prohibited from receiving U.S. technology or financial transactions and/or with whom U.S. persons are restricted from engaging in export or financial transactions. below the level of technological field - of 389 technological subfields. “The Frascati Manual was originally written by and for the experts in OECD member countries who collect and issue national data on research and development (R&D). The information can take the form of technical data or technical assistance. [1] e.g. Natural sciences Exporting Technology Abroad (some examples). Indicate if any proprietary information or technology is involved. Receiving technical data above the EAR99 level for LBNL research will usually require a Technology Control Plan if approved by LBNL Export Control. 2. Certain information related to Defense Articles is referred to as "technical data." For technical data, EAR99 is intended to apply limited controls to technology that falls in the gray area between those with specific export controls categories (ECCN, USML, etc.) OFAC Sanctions Programs and Country Information, Department of Treasury: http://www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx. For research activities, this will include a plan to firewall the fundamental research from the restricted research. ), They will have access to LBNL facilities or resources (including networks). § 734.13, Deemed Export means: “Releasing or otherwise transferring ‘technology’ or source code (but not object code)[1] to a foreign person in the United States.”, [1] “Software” is defined as “a collection of one or more ‘programs’ or ‘microprograms’ fixed in any tangible medium of expression,” and “Source Code (or source language)” is defined as “a convenient expression of one or more processes that may be turned by a programming system into equipment executable form (‘object code’ (or object language)).” 15 C.F.R.