Does the export involve physical items (materials, equipment, facilities, etc.) or technology/assistance (including software)?
Physical item means any item not considered technology or assistance, such as materials, equipment, components, plants or facilities. Note that physical item is not a legal term outlined in export regulations.
Technology (per DOC 15 CFR 772) means Information necessary for the “development,” “production,” “use,” operation, installation, maintenance, repair, overhaul, or refurbishing (or other terms specified in ECCNs on the CCL that control “technology”) of an item.
Technology (per 10 CFR 810.3) means assistance or technical data required for the development, production or use of any plant, facility, or especially designed or prepared equipment for the activities described in §810.2(b).
Assistance (per DOE 10 CFR 810) means assistance in such forms as instruction, skills, training, working knowledge, consulting services, or any other assistance as determined by the Secretary of Energy. Assistance may involve the transfer of technical data.
Technical data (per DOE 10 CFR 810) means data in such forms as blueprints, plans, diagrams, models, formula, engineering designs, specifications, manuals, and instructions written or recorded on other media or devices such as disks, tapes, read‐only memories, and computational methodologies, algorithms, and computer codes that can directly or indirectly affect the production of special nuclear material.
Final determinations as to export control applicability are made after a full review by the appropriate U.S. Government agency. Use of this Export Compliance Guide does not constitute U.S. Government review, is not DOE/NNSA advice or a determination, and is provided for the user's convenience only.