FAQ's - Frequently Asked Questions:
General FAQ's
- Do I need to worry about exporting documents?
- How does this apply if there is a foreign graduate student working on a military project?
- How do I find out if the good or technology that I'm working with is a controlled good or technology?
- I received an e-mail from someone with a Yahoo domain address, asking for supplemental data on my recent publication. Can I send it to them?*
- Do I need to know when I'll need to export goods or commodities that will need a license?
- How do I know if the grant or contract I'm working on is protected by the Fundamental Research exemption?*
- How do I know if the data that a sponsor provides is export controlled?
deemed export* FAQ's
- What is the deemed export rule??*
- What is a release of technology?*
- What is technology?
- When do I need to apply for an export license for technology under the deemed export rule?*
- How do I know if a foreign national would be subject to the deemed export rule?**
- How are individuals handled who are permanent residents or citizens of countries other than those of their nationality?
- What if the individual is a foreign national of one country, say India, but has obtained permanent residency in another, say the U.K.?*
- If this same Indian foreign national traveled to visit facilities in a third country, say Germany, do the licensing requirements change, or is the release still treated as a transfer to the U.K. for licensing purposes?*
- What if that same Indian foreign national comes to the United States?**
- Now, what about changes in nationality? If a person was a citizen of India but subsequently became a citizen of the U.K., how is that person treated for export control purposes?
- What if the Indian foreign national becomes a citizen of the U.K. but retains his or her Indian citizenship, as well? This is the situation of people who have dual-citizenship.*
- I have read elsewhere on your web page the requirements for information that the Bureau of Export Administration (BXA) wants in order to process a deemed export license application. I see that you require a lot of personal data, including citizenship and country of origin. I understand that I cannot ask for such information from my employees under the Equal Employment Opportunities Commission (EEOC) rules. How do I get that information?*
- What is a deemed re-export?*
- What technologies are subject to the Commerce Department controls??
- Is software considered technology and is it similarly controlled?
- What technologies are considered fundamental research?*
- Are cryptographic technology and software source code deemed exports handled the same way as other technology and software source code?*
- At our Canadian subsidiary, we develop semiconductor manufacturing technologies that are controlled by ECCN 3E001. If we transfer those technologies to a Chinese national in that facility, do we require U.S. authorization? What about transferring the same Canadian developed technologies to PRC nationals at our PRC facility?*
- We have several foreign national employees in our firm, which has several divisions and an administrative area. Two of the divisions, the Research and Development (R&D) division and the Advanced Manufacturing/Processing (ADMP) division, work with technical data for advanced materials used in electronic and jet engine manufacturing which is controlled under ECCNs 2E001, 3E001, and 9E003, and we have several foreign national engineers working there. None of the other divisions work with controlled technical data, and we have some foreign national employees in them as well. The divisions are not co-located. Do I need an export license for all of the foreign national employees?***
- My company wants to employ an Indian foreign national who spent three years working for an Indian organization that is on the Entity List. May I do so? Do I require a license?*
- An Indian foreign national who is on sabbatical from an Indian organization that is on the Entity List wants to work with our firm in our executive training program where we will discuss proprietary technology which is not controlled to India. We have had an ongoing exchange of executives and scientists from this organization for years. Do I require a license?*
- Our university has several departments that are conducting research under contract with private corporations. Some of this research is controlled development technology. We often have researchers (visiting faculty, post-graduate fellows, and research assistants) who are foreign nationals working on controlled development technology research. Does the university need to apply for a deemed export license?**
- Our university does research under U.S. government sponsorship. We may have foreign national researchers working on this. Is a deemed export license required?**
Annual and One-Time Temporary Export (TMP) Certifications FAQ's
- What's the difference between the Annual TMP Certification and the One-Time Certification?
- How do you define equipment and software?
- Is it true that ANYBODY traveling overseas with a laptop, PDA, cell phone or digital storage device has to complete the Annual TMP Certification before they travel?
- This certification is applicable to UC PIs and researchers only. How do you define Researcher?*
- To whom should the completed Annual and One-Time Certifications be sent?
- I am a UC Researcher with a UC-owned laptop and I need to travel overseas. Is my only responsibility to sign the Annual TMP Certification?
- What useful purpose does this laptop certification serve and why should I complete it?
- How long do I need to maintain the property and shipping documents associated with my one-time TMP shipment?
- Is the filing of the Annual and One-Time TMP Certifications a Federal requirement or a UC requirement?
- I travel frequently. Do I need to fill one of these out every time I leave the U.S.?
- In order to use these Certifications, we have to keep the laptops, PDAs and other equipment taken overseas with us under our effective control. What do you mean by effective control?
- Why do we have to file a certification for UC-owned or controlled laptops but not for our own personally-owned laptops or PDAs, even if we are traveling abroad?
- I'm just taking my UC-owned or controlled laptop, PDA, cell phone or flash drive with me overseas for a couple of days. I'm not exporting anything. Why do I need to complete this Certification?
- I'm taking my UC-owned or controlled laptop and/or equipment to more than one foreign country while I'm overseas. Do I have to complete a separate Annual or One-Time TMP Certification for each country?
- I am a UC Researcher with a UC-owned laptop. Do I have to carry the Annual TMP Certification with me when I travel?
- We have a single PI in our research group who is the designated property custodian for a large number of UC-owned or controlled laptops that all of us use interchangeably. Can the PI sign a blanket Annual TMP Certification for all these laptops, as well as for UC-owned or controlled PDAs, cell phones and digital storage devicess in our group?*
- I've recently acquired a new laptop/PDA/cell phone/digital device, but I've already completed an Annual TMP form within the past year. Do I have to sign a new form?
For Help at anytime, contact the Export Control Team at (513) 558-ISEC or via e-mail at InfoSec@uc.edu
Throughout the Export Controls section of the website, whenever you see a *, hover over it for a brief definition of the term. Click on the asterix to be taken to the full definition on the glossary page. The Glossary page also includes lnks to applicable regulations and additional information and links.