Key terms and definitions

What is “Technical Data” and “Technology”?

Technical data is a term defined in the International Traffic in Arms Regulations (ITAR) as information, which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles and software directly related to defense articles.  
 
Technology is defined by the Export Administration Regulations (EAR) as specific information necessary for the “development”, “production”, or “use” of a product.
 

What is a defense article?

Defense articles are all items, data specifically designed, developed, configured, adapted, or modified for a military application.  Defense articles are listed on the U.S. Munitions List (22 CFR Section 121.1).

What is a defense service?

A defense service is furnishing of assistance 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  the furnishing to foreign persons of any technical data controlled whether in the United States or abroad.

What is a dual use item?

These are items and associated technologies that are commercially available and also have a military or proliferation applications. Items determined to have a dual capability are enumerated in the Commerce Control List.

What is a Technology Control Plan (TCP)?

A TCP is a protocol that outlines the procedures to secure certain export-controlled items (technical data, materials, software, or hardware) from unauthorized use, access, and observation by non-U.S. persons. The Export Control staff, with assistance from the Principal Investigator (PI), will develop a TCP that is designed for the specific project. The PI is the ultimate responsible party for adherence to the TCP by project personnel. All project personnel listed on the TCP are required to complete export control training every two years.

Who or what is considered a U.S. Person?

An individual with U.S. citizenship, Permanent resident alien (Green Card holder) or protected individual status such as refugees and asylees. Corporations or organizations incorporated in the United States are
U.S. Persons for purposes of the ITAR and EAR. It is also any business entity incorporated to do business in the United States.

What is a foreign entity?

A foreign entity is any corporation, business association, partnership, trust, society or any other entity or group that is not incorporated or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of foreign governments. A person (even a U.S. citizen) is considered a foreign person if they work for or represent a foreign entity.

Who qualifies as a “bona fide employee” for ITAR purposes?

Export control regulations exempt disclosures of unclassified technical data in the United States by U.S. universities to foreign nationals where:
(1) the foreign national is the University’s bona fide full-time regular employee;
(2) the employee’s permanent abode throughout the period of employment is in the United States;
(3) the employee is not a national of an embargoed country; and

What is not subject to the deemed export rule?

For University research, there are three ways that technical information may qualify for an exclusion from the deemed export rule. Information is excluded if it:
  • Is published or disseminated in the Public Domain
  • Arises during, or results from, fundamental research
  • Is educational information released by instruction in catalog courses or associated teaching laboratories of academic institutions.
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