Definition Edit

Dual-use technologies are technologies that "can serve both military and commercial purposes."[1]

Overview Edit

Items or knowledge having dual-use are subject to the Export Administration Regulations (EAR) and fall into two sub-categories. The first of these concerns items that are transferred or released across a U.S./ border (or re-transferred or released abroad) and the second addresses technology or source code (knowledge) that is transferred across a U.S. border (or re-transferred abroad). Depending on the specific item involved, the former category of activity may be controlled pursuant to the Commerce Control List (CCL) as set forth in the EAR. In contrast, technology or source code that is transferred (or released) to a foreign national within the confines of the United States is addressed under the Deemed Export regulatory regime.

As with cross-border transfers, such transfers within the United States may also, depending on the subject matter, be subject to the EAR or found on the CCL. The release of tangible items within the United States (or software in object code form) does not constitute a Deemed Export, although the release of knowledge about such items may.

References Edit

  1. Export Controls: Agencies Should Assess Vulnerabilities and Improve Guidance for Protecting Export-Controlled Information at Companies, at 4 n.2.

See also Edit

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