University of Vermont

Export Controls

Export Controls
Export Controls
- Export License Decision Tree -

CCL-listed data being Shared, Shipped, Transmitted or Transferred
Result from 3rd Party Proprietary Research

      Question #13:

Does the CCL-listed information or software that you are going to share, ship, transmit or transfer arise during or result from
third party proprietary research, not ordinarily published
and shared broadly within the scientific community*?

YES       NO

   *    Information and software generated by a third party from proprietary research, such as industrial development, design, production and use technology that is ordinarily restricted for proprietary reasons and not published and shared broadly with the scientific community, does not constitute fundamental research according to US export regulations. Only fundamental research is granted special status under those regulations whereby foreign persons are allowed to fully and freely participate in the research without the need for an export license. Proprietary research, and its results, however, are subject to the full array of export control restrictions.

NOTE: Commercial software (excluding encryption software) generated from proprietary research, although subject to export control, may be available for export without an export license under an exception to license requirements (License Exception TSU - Technology and Software Unrestricted). Shipment, transfer, transmission or disclosure may be made to all destinations except Cuba, Libya, Syria, North Korea, Sudan, and Iran and their foreign nationals when the software qualifies as "mass market." "Mass market" software is software that is generally available to the public by being:

  1. Sold from stock at retail selling points without restriction, by means of:
    • Over the counter transactions;
    • Mail order transactions; or
    • Telephone call transactions; and

  2. Designed for installation by the user without further substantial support by the supplier.

This material is adapted from the basic design and content of Stanford University's Decision Tree. We appreciate Stanford in granting us permission to use its content for the benefit of the University of Vermont.

last updated 11/9/17

Last modified November 09 2017 02:45 PM

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