Controlled Technology is that technology (or technical data) identified in lists found in the Export Administration Regulations (EAR) or the International Traffic in Arms Regulations (ITAR) . As defined in these laws, technology includes:
- information related to the design,
- development, or
- production of equipment or software.
Transfers of listed technologies to non-U.S. persons or entities in the form of drawings, schematics, blueprints, research results, formulae, meetings, symposiums, classroom discussions, conversations, email, etc, are controlled. If any controlled information, technology, software, or equipment will be transferred to another party overseas or to a foreign party in the United States, a license must be obtained prior to the transfer unless a valid licensing exception or exclusion applies. To obtain a license, contact the Export Control staff in the Office of Research Integrity Assurance at email@example.com.
- verbal communication,
- transfer of written documents, and
- transfer of U.S. computer software to a foreign national whether in the U.S. or abroad, if the technology is controlled.
The determination of whether a technology is controlled by export regulations is critical in determining whether export control laws and regulations apply to the activity to be conducted overseas.
Release of technology or source code subject to the EAR to a foreign national in the United States is “deemed” to be an export to the home country of the foreign national under the EAR. Technology is specific information necessary for the development, production, or use of a Commerce Department product controlled for export. “Use” is defined as operation, installation, maintenance, repair, overhaul and refurbishing.
A Non-US Person is a person who is not a U.S. citizen, alien who are “Lawful Permanent Residents” (Green Card holder), (8 USC § 1101(a)(20)) or other “Protected Individuals” under the Immigration and Naturalization Act (8 USC §1324b(a)(3)) designated an asylee, refugee, or a temporary resident under amnesty provisions. The law makes no exceptions for foreign graduate students. Foreign Persons includes any foreign corporation, business association, partnership trust, society or any other entity or group that is not incorporated or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of foreign governments (e.g., diplomatic missions).
For export control regulation purposes, an individual is NOT a Non-US Person if he/she:
- Is a U.S. citizen;
- Is granted permanent residence (“green card”); or
- Is granted status as a protected person (political asylee)