Decision Tree

Is the technology a defense article* on the U.S. munitions list?*

Yes
No

*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).

Is the technology to be shipped to a foreign country?*

Yes
No

Is the technology technical data directly related to a defense article?*

Yes
No

Technical Data Reference: http://www.fas.org/spp/starwars/offdocs/itar/p125.htm

Is the technology to be released to a foreign person* other than a University employee**?*

Yes
No

*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.

Was the technical data provided to the university by an external sponsor under an agreement that explicitly requires an export license?*

Yes
No

Was the technical data developed under a sponsored agreement and subject to publication restrictions other than normal reviews for patentability and/or release of confidential/proprietary information?*

Yes
No

Is the technology on the Commerce Control List (CCL) and does it have a military application in addition to a civilian application?*

Yes
No

Commerce Control List: http://www.gpo.gov/bis/ear/ear_data.html

Is the technology patented or likely to be patented?*

Yes
No

Is the technology to be shipped to a foreign country or transmitted to a foreign person in the U.S.?*

Yes
No

Is the technology technical data* or software?*

Yes
No

*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)

Is the technical data/software provided to the university by an external sponsor under an agreement that explicitly requires an export license?*

Yes
No

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?*

Yes
No

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?*

Yes
No

Commerce Control List: http://www.access.gpo.gov/bis/ear/pdf/ccl5-pt2.pdf

You may need to obtain an export license unless an exception is available for your particular circumstance.

Please contact Lori Messer (messerlj@nullwfu.edu) in Office of Research and Sponsored Programs for further information.

You do not need an export license for your technology!

Please contact Lori Messer (messerlj@nullwfu.edu) in Office of Research and Sponsored Programs if you have any questions.

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Research at Wake Forest University

You may need to obtain an export license unless an exception is available for your particular circumstance.

You do not need an export license for your technology!

Research at Wake Forest University