is official information, access to which is restricted by law or executive order for protection against unauthorized disclosure for national security reasons. Data is grouped by sensitivity into increasing levels of protection. In order to access classified information, an individual must have a security clearance at the appropriate level, a valid need to know and permission to access each level of classified information. This term includes National Security Information, Restricted Data, and Formerly Restricted Data.
means the final destination where the exporter intends to export a commodity. The consignee in country of ultimate destination is designated by the exporter on the export license application. Any commodity export to a consignee not designated on the export license application result in a re-export, which requires authorization from BIS or DDTC.
is any information or material that cannot be released to foreign person or representatives of a foreign entity without first obtaining an approval or license from the Department of State (for ITAR controlled items) or Department of Commerce (for EAR controlled items.) Controlled information, as defined, must be treated as sensitive and marked accordingly.
means any item or technical data included on the USML. Defense articles include technical data recorded or stored in any physical form, models, mockups, and any other items that reveal technical data directly relating to the articles included on the USML. Defense article does not include basic marketing information on function or purpose or general system descriptions.
means (a) the furnishing of assistance (including training) to foreign persons, whether in the United States or abroad in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles; or (b) the furnishing to foreign persons of any technical data, whether in the United States or abroad.
refers to an entity debarred by the U.S. government to protect national security and underpin U.S. foreign objectives. U.S. companies are prohibited by federal law from doing business with denied parties, fronts for denied parties, or agents of denied parties.
A variety of exemptions exist under ITAR and exceptions exist under EAR, where an exporter of products, technical data, and/or defense services does not require a specific license. However, the exemptions and exceptions are complicated and generally must be well documented on forms provided by Sponsored Programs. If a question arises, employees must consult with their management and/or Sponsored Programs to determine whether an exemption or exception exists and how to document its use.
Contrary to the ordinary meaning of the word ‘export,’ an “Export of Technical Data” under the United States export laws is not limited to the physical conveyance of technical data to a person or location outside of the national boundaries of the united States. Instead, export in the context of technical data means any release of technical data with the knowledge or intent that the data will be shipped or transmitted from the United States to a foreign country. An export of technical data may occur when technical data is communicated to a foreign person, whether or not the foreign person is located in the United States or in a foreign country.
Generally any communication of technical data likely to end up in the hands of a foreign person constitutes an export of technical data. Moreover, an export of technical data can occur during meetings, telephone conversations, facilities inspections, and through the use of memoranda, letters, fazes, e0mail, and other written materials.
(IC) is an undertaking by the government of the country of ultimate destination (the issuing government) to exercise legal control over the disposition of the commodities covered by the IC. BIS and DDTC require an IC in support of an export license application to export commodities to certain designated countries. The IC is obtained by the importer (consignee in country of ultimate destination) and transmitted to the exporter.
ITAR restricts the export of technical data, defense articles, and defense services. An export license for ITAR controlled technical data, defense articles, and defense services must be obtained from DDTC prior to export, unless an exemption applies.
is an agreement whereby a United States person grants a foreign person an authorization or a license to manufacture defense articles abroad, and which involves or contemplates (a) the export of technical data or defense articles or the performance of a defense service, or (B) the use by the foreign person of technical data or defense articles preciously exported by the U.S. person.
The USML contains both classified and unclassified items, some of which are designated as “Significant Military Equipment (SME). Items are considered to be SME because they have the capacity for substantial military utility or capability. In addition, an item is considered to be Major Defense Equipment if it is classified as SME and has a nonrecurring research and development cost in excess of $50 million or a total production cost in excess of $200 million.
means information of any kind that can be used, or adapted for use, in the design, production, manufacture, assembly, operation, repair, testing, maintenance, or modification of defense articles. The data may take a tangible form, such as a model, prototype, blueprint, photograph, or an operating manual; or it may take an intangible form, such as a technical service. All software is technical data. Technical data includes both classified and unclassified information.
(USML) is a listing of articles, services, and related technical data that are designated respectively as defense articles, defense services, and technical data. Exports of entries on the USML are controlled under ITAR.
is a citizen of the United States; OR an alien lawfully admitted for permanent residence; OR an unincorporated association with a substantial number of members who are citizens of the U.S. or are aliens lawfully admitted for permanent resident; OR a corporation that is incorporated in the U.S.