2025 Federal Administration Transition Information & Resources - This will be updated as new information is available.

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Export Controls Decision Tree: CCL Technology

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Are you sharing, hand carrying, transmitting or transferring technology (information)(1) or software code(2) on the Commerce Control List (CCL), other than retail-level technology and software on a laptop, tablet or smart phone?

YES           NO

 

(1 Information that is, or will be, placed in the public domain, such as that generated by fundamental research, is not subject to the EAR and is exempt from export control regulation.

The EAR defines regulated "technology" as:

  • Specific information necessary for the "development", "production", or "use" of equipment or software. Technology includes information subject to the EAR released in the form of technical assistance or technical data.

    • Technical assistance includes instruction, skills training, working knowledge, consulting services. Technical assistance may involve transfer of export controlled information.

    • Technical data includes blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories.

Generally, export controlled technology in a university environment takes the form of 3rd party disclosure-restricted technical information (as opposed to financial, human, and animal data), or software source code.  Technical information and software source code covered by an NDA or CDA is subject to export control regulation.

 

(2) The EAR defines software code as a collection of one or more programs or microprograms fixed in any tangible medium of expression. Software code is comprised of source code or object code:

Source Code: 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).

Object Code: An equipment-executable form of a convenient expression of one or more processes ("source code" or source language) that has been converted by a programming system.

If you have questions as to whether your information or software code is listed on the Commerce Control List, contact the Export Control Office. He can provide you with an immediate answer.

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