Export Control License Guidelines for Technology

Determine whether you need an export license for your technology by answering questions related to its characteristics and destination. If your technology falls under certain criteria, you may require an export license. Consult with the Office of Research Services for further guidance.

• Export Controls
• Technology Licensing
• Compliance Guidelines
• Office of Research

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Presentation Transcript

1. Guidelines for Compliance with Export Controls Do I need an export license for my technology? Click Here to Begin

2. DO I NEED AN EXPORT LICENSE FOR MY TECHNOLOGY? Is the technology a defense article* on the U.S. Munitions List? *A defense article: (a) Is specifically designed, developed, configured, adapted, or modified for a military application, and (i)Does not have predominant civil applications, and (ii)Does not have performance equivalent (defined by form, fit and function) to those of an article or service used for civil applications; or (b)Is specifically designed, developed, configured, adapted, or modified for a military application, and has significant military or intelligence applicability (examples are nuclear, biological, or chemical weapons and satellite technology with military application). Yes No StartOver Exit

3. DO I NEED AN EXPORT LICENSE FOR MY TECHNOLOGY? Is the technology to be shipped to a foreign country? Y es No StartOver Exit

4. DO I NEED AN EXPORT LICENSE FOR MY TECHNOLOGY? Bad news! You may need to obtain an export license unless an exception is available for your particular circumstance. Please contact William Sellers in the Office of Research Services for further information. StartOver Exit

5. DO I NEED AN EXPORT LICENSE FOR MY TECHNOLOGY? Is the technology technical data directly related to a defense article? "Technical data" is definedas: 1) Information, other than software as defined in 120.10(a)(4), which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles. This includes information in the form of blueprints, drawings, photographs, plans, instructions or documentation. 2) Classified information relating to defense articles and defenseservices; 3) Information covered by an invention secrecyorder; 4) Software as defined in 121.8(f) of this subchapter directly related to defense articles; 5) This definition does not include information concerning general scientific, mathematical or engineering principles commonly taught in schools, colleges and universities or information in the public domain as defined in 120.11. It also does not include basic marketing information on function or purpose or general system descriptions of defense articles. Yes No StartOver Exit

6. DO I NEED AN EXPORT LICENSE FOR MY TECHNOLOGY? Is the technology to be released to a foreign person* other than a University employee**? * Foreign persons means any natural person who is not a lawful permanent resident as defined by 8 U.S.C.1101(a)(20) or who is not a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means 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). **Exception does not apply if employee is a national of Afghanistan, Angola, Belarus, Burma, China, Cuba, Democratic Republic of the Congo, Haiti, Iran, Iraq, Liberia, Libya, North Korea, Rwanda, Somalia, Sudan, Syria, or Vietnam. Yes No StartOver Exit

7. DO I NEED AN EXPORT LICENSE FOR MY TECHNOLOGY? Was the technical data provided to the university by an external sponsor under an agreement that explicitly requires an export license? Y es No StartOver Exit

8. DO I NEED AN EXPORT LICENSE FOR MY TECHNOLOGY? Is the technology on the Commerce Control List (CCL) and does it have a military application in addition to a civilian application? Y es No StartOver Exit

9. DO I NEED AN EXPORT LICENSE FOR MY TECHNOLOGY? Is the technology patented or likely to be patented? Y es No StartOver Exit

10. DO I NEED AN EXPORT LICENSE FOR MY TECHNOLOGY? Congratulations! You do not need an export license for your technology. StartOver Exit

11. DO I NEED AN EXPORT LICENSE FOR MY TECHNOLOGY? Is the technology to be shipped to a foreign country or transmitted to a foreign person in the U.S.? Y es No StartOver Exit

12. DO I NEED AN EXPORT LICENSE FOR MY TECHNOLOGY? Is the technology technical data* or software? *May take forms such as 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. (see 15 CFR 772.1) Y es No StartOver Exit

13. DO I NEED AN EXPORT LICENSE FOR MY TECHNOLOGY? Is the technical data/software provided to the university by an external sponsor under an agreement that explicitly requires an export license? Y es No StartOver Exit

14. DO I NEED AN EXPORT LICENSE FOR MY TECHNOLOGY? Was the technical data/software developed under a sponsored agreement and subject to publication restrictions other than normal reviews for patentability and/or inadvertent release of confidential/proprietary information? Y es No StartOver Exit

15. DO I NEED AN EXPORT LICENSE FOR MY TECHNOLOGY? Is the technical data/software advanced encryption software controlled for "Encryption Item" reasons under Export Control Classification Number (ECCN) 5D002, Information Security - "Software", on the Commerce Control List, or mass market encryption software with symmetric key length exceeding 64-bits controlled under ECCN 5D992? Y es No StartOver Exit

16. FOR FURTHER ASSISTANCE Angelica Vaca Director, Office of Research Services Office of Research Services Loyola University Chicago Granada Center, Suite 400 6439 N Sheridan Road Chicago, IL 60626-5309 Ph 773-508-2480 Fax 773-508-8942 avaca1@luc.edu StartOver Exit