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 Information

  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

  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. 

  More information on Non-Disclosure Agreements
• Vendor Purchase

  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. 

  Purchase of Items (e.g., equipment, materials, chemicals, biologics, technology, data or software) Guidance

• Campus Created Items or Technology

  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

  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. 

• Step 1: International Traffic in Arms Regulations (ITAR)

  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. 

• Step 2: Nuclear Related Regulations

  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. 

• Step 3: Export Administration Regulations

  Items/technology/software subject to the EAR are enumerated in the Commodity Control List (CCL). The Department of Commerce provides Decision Trees for assistance with classification.  Export Administration Regulations Overview

  If the item/technology/software is not listed on the CCL, then move to Step 4. 

• Step 4: EAR99

  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.