Question 5

Does your project involve sharing, shipping, or transferring technical data included on the ITAR U.S. Munitions List (USML) or is it designed for military use or application? 

International Traffic in Arms (ITAR)

The sharing, shipping, transmission or transfer of all encryption software in either source code or object code that is specifically designed or developed for a military, intelligence or space application is subject to the International Traffic in Arms Regulations. ITAR-related encryption software is controlled for export and cannot be shared with a foreign person unless the code is already published or otherwise in the public domain.

If you have questions, please complete the wizard or contact the Export Control Office at [email protected] to request an export consultation and to discuss your initial determination.

A “foreign national” is anyone who is not a “U.S. citizen”.

A “U.S. national” is either.

• *A U.S. citizen, lawful permanent resident alien (“Green Card Holder”), refugee, protected political asylee, or someone granted temporary residency under amnesty or Special Agricultural Worker provisions.
• *Any juridical person (i.e., organizations under the laws of the United States or any jurisdiction within the U.S., including foreign branches).