Is the USML-listed information or software being shared, shipped, transmitted or transferred either published, patented or generally accessible and available* to the public?
*USML-listed information and software that is generally accessible and available to the public is considered to be in the public domain and excluded from export controls. USML-listed information and software is released and placed into the public domain through/at one or more of the following:
- Fundamental research in science and engineering performed at an accredited institution of higher learning in the US;
- Libraries open to the public or from where the public can obtain documents;
- Sales at newsstands or bookstores;
- Subscriptions available without restriction;
- Published patents available at any patent office;
- Unlimited distribution at conferences, meetings, seminars, trade shows or exhibitions in the US that are generally available to the public; and/or
- Websites that are accessible to all members of the public, free of charge, and where the university does not have knowledge or control over who visits the site or downloads the information or software.
In order for information or software resulting from fundamental research to be considered in the public domain, the information or software must have been generated in the course of research performed within the United States. Information and software resulting from research undertaken outside of the United States is not treated by US export control law as having entered into the public domain, and is subject to export control, unless it qualifies under other public domain criteria.
Back to Export Controls Decision Tree starting point.
Design and content used by permission of Stanford Univeristy (updated 2008).