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Is the Commerce Control-Listed information or software that you are going to share, ship, transmit or transfer arise during or result from industrially sponsored or third party proprietary research, not ordinarily published and shared broadly within the scientific community(1)


Note (1)

Information and software generated by an industrial sponsor or 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 are subject to the full array of export control restrictions.

NOTE: Commercial software (including 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 and License Exception ENC - Encryption Commodites and Software). Shipment, transfer, transmission or disclosure may be made to all destinations except Iran, Syria, Sudan, North Korea, and Cuba 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
  1. Designed for installation by the user without further substantial support by the supplier.