Licensing or other authorization is not required in situations where the technology or technical data is controlled for export/release to foreign persons.  Technology or technical data that is not controlled is therefore exempt from EAR and ITAR licensing and authorization requirements.

 

It is worth noting that the EAR governs controlled technology, and ITAR governs controlled technical data, though there can be a great deal of overlap in some circumstances.

 

For an easy reference to assess your potential regulatory load, check out the Commerce Control List (CCL) and the United States Munitions List (USML).  Any technology or technical data subject to export/release controls will be listed on the EAR’s CCL and ITAR’s USML.

 

Technical data will typically be controlled if it is directly linked to regulated defense articles.

 

Technology will typically be controlled if it is directly linked to the development, manufacture, and use of products with both civil and military applications.

Posted on November 29th, 2016 by admin
Filed under: EAR, ITAR