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Next question:

Is the Commerce Control-Listed information or software that you are going to share, ship, transmit or transfer either published, patented or generally accessible to the interested public in any form(1)? 

YES  NO

 

Note (1)

CCL-listed information and software that is generally accessible to the interested public in any form is considered to be publicly available and excluded from export controls.

CCL-listed information becomes publicly available through/at one or more of the following:

  • As a product of unrestricted fundamental research in science and engineering generated at an accredited institution of higher learning in the US;
  • Publication in periodicals, books, print, electronic, or any other media available for general distribution to any member of the public or to a community of persons, either free or at a cost not exceeding the cost of reproduction and distribution (with allowance for a reasonable profit on the reproduction and distribution of such materials); 
  • Libraries open to the public or from university libraries;
  • Through subscriptions which are available without restriction either free or at a cost not exceeding the cost of reproduction and distribution (with allowance for a reasonable profit on the reproduction and distribution of such materials);
  • Published patents and open (published) patent applications available at any patent office; and/or
  • Unlimited distribution at conferences, meetings, seminars, trade shows or exhibitions in the US or abroad that are generally accessible to the public for a fee reasonably related to the cost, and where attendees may take notes.

CCL-listed software becomes publicly available through/at one or both of the following:

  • General distribution either free or at a cost not exceeding the cost of reproduction and distribution (with allowance for a reasonable profit on the reproduction and distribution of such materials); and/or
  • Websites which are accessible to all members of the public, free of charge, and where Stanford does not have knowledge or control of who visits the site or downloads the information or software.

NOTE: Under the EAR at Part 734.8(e), the results of research performed outside of an accredited US university, including research generated outside of the US, will be considered to be public domain fundamental research "at such time and to the extent that the researchers are free to make scientific and technical information resulting from the research publicly available without restriction or delay based on proprietary concerns or specific national security controls".