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Not every manual is controlled technology
Under the Export Administration Regulations (EAR), technology has a defined meaning: information necessary for specified development, production, use or other listed activities. It can take the form of drawings, plans, specifications, manuals, oral information or what an inspection reveals. The actual subject matter matters, not the file extension.
First establish whether the information is subject to the EAR. There are separate exclusions and regimes, including specified published, research and academic information and items controlled exclusively by other agencies. Being confidential does not automatically establish a particular control or licence requirement.
Looking can disclose information too
Fictional example: a U.S. service operation lets an overseas technician inspect proprietary engineering drawings on a workshop screen but blocks downloads. If that inspection reveals technology subject to the applicable rule, it can still be a release. An oral explanation can also disclose the information. The example makes no actual classification or licence finding.
The rule’s foreign-person category is not simply country of birth. For individuals, the definition excludes U.S. citizens, lawful permanent residents and other protected individuals. For a covered deemed export, 734.13(b) uses the most recent country of citizenship or permanent residency. Establish the actual person’s status rather than infer it from a company address.
A partner contract does not answer the export question
The required authorisation depends on the actual information and recipient, with applicable exclusions and exceptions. A licence to use the brand, a confidentiality agreement or permission to work in America addresses different matters. Establish what the visitor will actually be shown before relying on the training visit to transfer the know-how.
Scope
- This is the EAR release concept, not a controlled-item classification, licensing, encryption, deemed-reexport or full exception determination. Immigration, sanctions and trade-secret duties remain separate.
Next step
Establish the technical information’s scope and the recipient’s defined status before providing access or explanations.
Sources & review notes
Bureau of Industry and Security, U.S. Department of Commerce
Passage, dates and research notes
primary · Complete §734.13
source code (but not object code)
Read complete export definition, most-recent citizenship/permanent-residency rule and cross-references. No actual technology classification, licence, exception or visitor status is determined.
Bureau of Industry and Security, U.S. Department of Commerce
Passage, dates and research notes
primary · Complete §734.15
Oral or written exchanges
Read complete visual-inspection/oral-written-exchange and access-information authorisation provisions, with their exceptions/cross-references. No claim that every viewing is controlled.
Bureau of Industry and Security, U.S. Department of Commerce
Passage, dates and research notes
primary · Complete §734.3
Information and “software”
Read complete jurisdiction/exclusions, published/research/academic/patent-information branches, CCL/EAR 99 distinctions and jurisdiction limits. No individual exclusion or licence result supplied.
Bureau of Industry and Security, U.S. Department of Commerce
Passage, dates and research notes
primary · Complete foreign-person and technology definitions, including notes
Any natural person who is not
Read the two named definitions, including U.S. citizen/permanent-resident/protected-individual exclusions and forms of technology; not the hundreds of other Part 772 definitions or a country-group survey.
Detailed rule records (1)
A release can be a deemed export without goods leaving the United States. Visual inspection revealing covered technology/source code and oral/written exchanges can release it. Treat the deemed destination under 734.13(b), and obtain any authorisation required for the actual information/person rather than assuming a commercial relationship permits access.
15 CFR 734.13: exports and deemed exports 15 CFR 734.15: release of technology and software 15 CFR 734.3: items subject to the EAR 15 CFR 772.1: foreign person and technologyKeep this reading in your learning library.
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