Export Definitions

The U.S. Governmental agencies define the term "Export" broadly. It is not limited to the shipment of an item to an overseas country. When applying the U.S. Export regulations, the Pitt community should be familiar with the following definitions:


The term "export" is used broadly and includes:

  • Export (EAR 734.2(b)(1) and ITAR 120.17) 
    Export is defined as an actual shipment or transmission of items out of the United States. This includes standard physical movement of items across the border by truck, car, plane, rail, or hand-carry. Technology and software may be exported or reexported both physically or electronically, such as through email, telephone discussions, fax, posting on the internet, and a variety of other non-physical means. 

  • Reexport (EAR 734.2(b)(4) and ITAR 120.19)
    The U.S. Export regulations impose restrictions on the reexport of U.S. goods, i.e., the shipment or transfer to a third country of goods, technology or software originally exported from the United States.

  • Deemed Export (EAR 734.2(b)(2)(ii) and ITAR 120.17) 
    The release of technology to a foreign national in the United States
     is "deemed" to be an export, even though the release took place within the United States. Deemed exports may occur through such means as foreign national employees involved in certain activities, foreign students or scholars conducting research, visiting scholars, demonstration, trade show, conference, oral briefing, telephone call or message, faxes, as well as the electronic transmission of non-public data or posting non-public data on the Internet. The term "deemed export" appears only in the EAR. The ITAR does not use this term, but rather includes it in its "export" definition. For more information, please read our Deemed-Export - Guidance document.

  • Deemed Re-export (EAR 734.2(b)(5 to 7) and ITAR 120.19) 
    "Deemed" re-exports is defined as the release of software and technologies to "third country nationals" outside the United States. For example, ECCN 5E001 technology may be exported to a university in Ireland under the license exception for technology and software, but might require a deemed re-export license authorization before being released to a Russian foreign national student or employee of that university in Ireland.

The issue of deemed exports is particularly relevant to university research. While a university may be involved in the shipment of technology abroad, most often faculty and students are engaged in teaching and research in the U.S. Whenever teaching or research occurs in the U.S., but is related to controlled equipment or technology, a foreign students' or researchers' involvement may trigger Export Controls compliance issues as a deemed export. For more information, you can read the Deemed-Export - Guidance document written by the Office of Export Controls Services (OEC) and/or you can consult the "Deemed Export" FAQs of the BIS website

Foreign Person

The regulations define a foreign person as anyone who is not a U.S. person. Therefore, this includes : 
  • any individual who is not a U.S. citizen; or
  • any individual who is not a US permanent resident alien ("green card" holder); or
  • any individual who is not a protected individual (e.g., refugees, or have political asylum);
  • any foreign corporation/business/organization/group not incorporated or organized under U.S. law;
  • foreign government and any agency or subdivision of foreign governments (e.g. diplomatic missions).
If the individual is not a U.S person, when applying the "deemed export" rules the EAR looks at the person's most recent citizenship or permanent residence whereas the ITAR looks at the person's country of origin (i.e., country of birth) and all current citizenships.


  • Temporary Import (ITAR 120.18)
    Temporary import means bringing into the United States from a foreign country any defense article that is to be returned to the country from which it was shipped or taken, or any defense article that is in transit to another foreign destination.

  • Permanent Import
    Permanent imports are regulated by the Attorney General under the direction of the Department of Justice's Bureau of Alcohol, Tobacco, Firearms, and Explosives (see 27 CFR parts 447, 478, 479, and 555). Under the ITAR, permanent imports of military items into the U.S. require a license.

U.S. Person

Pursuant to the EAR and the ITAR, a U.S. Person (EAR PART 772 AND ITAR 120.15) includes :
  • any individual who is granted U.S. citizenship; or
  • any individual who is granted U.S. permanent residence ("Green Card" holder); or
  • any individual who is granted status as a "protected person" under 8 U.S.C. 1324b(a)(3);
  • any corporation/business/organization/group incorporated in the United States under U.S. law;
  • any part of U.S. government.