Classification of Items & Information
What is classification?
Classification is determining which body of export control regulations an item or information falls under. This is important because classification determines how an item or information is controlled and any licensing requirements.
Design intent and any number of features can alter the way in which any item or information is controlled under the federal export control regulations.
Request Assistance with Classification (NetID login required)
How to Determine Classification
What is being classified?
Publicly Available, Public Domain, and Published information is not subject to the
export control regulations. What to Do: Review the Publicly Available, Public Domain, and Published Overview Third-Party Proprietary Information may be export controlled. Parties disclosing information should know if their information is export controlled
and if so the export control classification. What to Do: When receiving third-party proprietary information request the export control classification. All items and software are export controlled. Vendors selling products should know the export control classification of their products. What to Do: When purchasing products request the export control classification and/or check the
vendor's website. Campus created items or technology (other than information that is Publicly Available or in the Public Domain) are subject to the export control regulations. What to Do: Classification of these items must follow the Self-Classification Steps below before
shipping or hand-carrying any campus created items internationally or to a foreign
person within the U.S. Campus created software/encryption (other than software that is Publicly Available under the Export Administration Regulations) are subject to the export control regulations. What to Do: Software and encryption is a complex area of export control laws and regulations.
For both research and non-research developed software, review the Guidance for Stony Brook Developed Software (NetID and password required)
Self-Classification Steps
Order of Review - Classification Steps
Need assistance with classification? Contact the Export Control Compliance team.
Items/technical data/software subject to the ITAR are enumerated in the United States
Munitions List (USML). International Traffic in Arms Regulations Overview If the item/technical data/software is not listed on the USML then move to Step 2. Items directly and indirectly related to Special Nuclear Materials are controlled
by the U.S. Department of Energy, Assistance to Foreign Atomic Energies regulations.
Nuclear Equipment and Materials are controlled by the United States Nuclear Regulatory
Commission. If the item/technology/software is not subject to the nuclear related regulations
then move to Step 3. Items/technology/software subject to the EAR are enumerated in the Commodity Control
List (CCL). The Department of Commerce provides Decision Tools for assistance with classification. You may also wish to consult the Interactive Commerce Control List to see if your item is enumerated/listed there. Export Administration Regulations Overview If the item/technology/software is not listed on the CCL, then move to Step 4. Item/technology/software not otherwise listed on the lists above are designated as
EAR99. See Common Definitions and Terms for EAR99 definition. End Classification Steps.
Why Classification Matters - Examples
Note: Examples do not represent a final determination of licensing requirements due to the continuous changes in the export control regulations.
Amplifiers, depending on the strength and original design intent can be captured on
the United States Munitions List (USML/Military Grade), Commodity Control List (EAR/Commercial/Dual
Use), or EAR 99 (Consumer Grade). USML XI(c): Three stage power amplifier capable of providing 16 watts of output power
from 7.5 to 11.5 GHz License required to ship anywhere EAR: ECCN 3A001.b.2.a: GaN MMIC power amplifier capable of providing 100 watts of
output power from 3.1 to 3.5 GHz License required for most destinations and limited license exceptions are available EAR 99: Operational Amplifier, quad, low noise May be shipped to most destinations – except for Cuba, Iran, North Korea and Syria. USML XII(c):FLIR model SC6000 License required to ship anywhere EAR: ECCN 6A003.b.4.b: FLIR models E30,E40, E50 and E60 License required for most destinations and license applicable for your destination
need to be documented EAR: ECCN 6A993:FLIR Cameras TS, HS, HF, HBS Series - Products operating at a frame
rate ≤ 9Hz May be shipped to most destinations – except for Cuba, Iran, North Korea and Syria. EAR99: Boson VPC (500-0869-00) May be shipped to most destinations – except for Cuba, Iran, North Korea and Syria Classification depends on how and with what a mice is genetically engineered. Note
that other federal agencies may have additional authorities over the export of animals
and/or viruses. EAR99 - Mice May be shipped to most destinations – except for Cuba, Iran, North Korea and Syria. EAR99 - Genetically Engineered Mice - Not Modified with a Controlled Virus May be shipped to most destinations – except for Cuba, Iran, North Korea and Syria EAR: 1C351.a.13 Ebola Virus License required for most destinations and license applicable for your destination,
if available, need to be documented
Return to the Guidance & Procedures for Export Control Compliance