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Export Compliance Policy: Definitions, Terms, and Acronyms

International Traffic in Arms Regulations

Export: The transfer of technical data can take place through a variety of media including telephone or direct conversations, fax or telex transmissions, computer links via direct connection or modem, and the like. These all represent "exports" and must be covered by an appropriate export license or exemption.

Department of Commerce - The term "export" means (for purposes of the Export Administration Regulations):
(a) An actual shipment, transfer, or transmission of goods or technology out of the United States;
(b) A transfer of goods or technology in the United States to an embassy or affiliate of a controlled country, or
(c) A transfer to any person of goods or technology either within the United States or outside of the United States with the knowledge or intent that the goods or technology will be shipped, transferred, or transmitted to an unauthorized recipient.

Department of State - Export means, for purposes of the ITAR:
(a) Sending or taking a defense article out of the United States in any manner, except by mere travel outside of the United States by a person whose personal knowledge includes technical data; or
(b) Transferring registration, control, or ownership to a foreign person of any aircraft, vessel, or satellite covered by the U.S. Munitions List, whether in the U.S. or abroad; or
(c) Disclosing (including oral or visual disclosure) or transferring in the United States any defense article to an embassy, any agency or subdivision of a foreign government (e.g., diplomatic missions); or
(d) Disclosing (including oral or visual disclosure) or transferring technical data to a foreign person, whether in the U.S. or abroad; or
(e) Performing a defense service on behalf of, or for the benefit of, a foreign person, whether in the United States or abroad.
(f) A launch vehicle or payload shall not, by reason of the launching of such vehicle, be considered an export for purposes of this subchapter. However, for certain limited purposes, the controls of this subchapter may apply to any sale, transfer or proposal to sell or transfer defense articles or defense services.

U.S. Customs - An export is considered to have been "attempted" when the merchandise is placed in the "export stream" (e.g., has been delivered to the carrier at a port of export in a manner indicating "intent to export" or has been delivered to a freight forwarder with instructions to transport it to the international carrier, etc.). At that point, the goods are subject to detention or seizure if export documentation is not in order.

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