Making Sense of Export Control Terminology

We provide for you below discussion of terms that frequently require use and careful definition when discussing export controls.

Export (verb)

Involves sending or taking tangible items, software, or information out of the United States in any manner.  This includes, but is not limited to, hand-carrying tangible items to another country or sharing information during a phone call or in an email message to someone in another country.  A license may be required to export certain items or information to certain countries, depending upon the nature of the item/info. exported, the export destination, the background of the recipient(s) and how they are expected to use the exported item/info.

Deemed Export

A term used in the Export Administration Regulations but a type of activity regulated by other export control and sanction regulations.  Involves the release of technology or software source code to a Foreign Person in the US.  Deemed exports can require licenses, depending upon the nature of the information released, the background of the recipient(s), and how they are expected to use the information.

Technology

Is defined by and for interpretation of the Export Administration Regulations and is divided into three sub-types:  “Development,” “Production” and “Use” (all individually defined in this section).