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                         Rice University
          Computer and Information Technology Institute

     Fundamentals of U.S. Export Controls on Technical Data
                      (This file:  EXPORT1)
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(This file was prepared by D. C. Toedt of Arnold, White & Durkee
in Houston, dctoedt@mcimail.com.  It is presented for general
information and not as a substitute for competent legal advice
about specific situations.)

PD and IU1 software distributions through the CITI distribution
mechanism are eligible for "automatic licenses" because they are
considered technical data that are "publicly available" (see below).

IU2 and CM software distributions do not necessarily apply as
"publicly available", but may be eligible for an "automatic license"
under different categories.  Please review the following information
if your software is to be distributed in the IU2 or CM categories.

Some notable points about the U.S. export control regime for
technical data as it exists in June, 1990 (changes occur
regularly):

*    EXPORT LICENSES REQUIRED:  An export license is required for
     >>>all<<< "exports" from the U.S. of "technical data," which
     is a term that includes software.  See below for information
     about "automatic" licenses that do not require any
     paperwork.

*    PENALTIES FOR NONCOMPLIANCE:  Substantial penalties,
     including fines and imprisonment, can be levied for
     violation of the export control rules.

*    BROAD DEFINITION OF "EXPORT":  An "export" of technical data
     can be any transmission of technical data to a foreign
     national, within or without the U.S., orally, in writing,
     electronically, by permitting inspection of equipment and
     the like, etc.

*    "AUTOMATIC LICENSES":  Certain types of exports are
     >>>automatically<<< licensed under one or more "general"
     licenses.  In some (but not all) cases, no paperwork is
     required for exports that qualify for general licenses. 
     However, >>>written assurances<<< against re-export to
     prohibited destinations are required in many such cases.

     Technical data that are >>>publicly available<<< or the
     result of >>>fundamental research<<< or >>>educational
     information<<< can be freely exported with no restrictions
     under general license GTDA (general, technical data, avail-
     able).  The text of the regulation defining these terms is
     reproduced in the file EXPORT2 and should be studied
     carefully.



Software and other technical data that do not qualify for a GTDA
license, as described in the last "bullet" above, >>>may<<<
qualify for a different general license, i.e., the "GTDR" license
(general, technical data, restricted).  However, special caution
must be exercised to avoid inadvertent violation of the
regulations.  For example, software in any of the following areas
is particularly noteworthy:

     *    Nuclear weaponry or power plants -- a written or
          "validated" license is always required (and very likely
          will not be available);

     *    Shipbuilding -- validated license required;
 
     *    Aircraft manufacturing -- validated license required;
 
     *    Numerical control functions in machine tool systems --
          validated license required; 
 
     *    Computer-aided design (CAD) of semiconductors and
          microcircuits -- validated license required; 

     *    Cryptographic functions -- validated license required;

     *    Software specifically designed for machine quality
          surfaces -- validated license required;

     *    Software for controlling stored program telecommunica-
          tions switching equipment - validated license required;

     *    Operating systems -- GTDR license may be available, but
          written assurances against unauthorized re-export are
          required; 

     *    Development systems -- GTDR license may be available,
          written assurances required; 

     *    Programming systems -- GTDR license may be available,
          written assurances required; 

     *    "Artificial intelligence" systems -- GTDR license may
          be available, written assurances required.


To reemphasize the point:  great care must be taken to ensure
compliance with the export control rules.