When is a defense service, product, or data subject to ITAR?

What constitutes a defense service, product, data, et. al. subject to the International Traffic In Arms Regulation (ITAR)?

Question:
Missile Defense Agency faithfully stamps all ITAR controlled data; and, if said data is not stamped, it’s not subject to or controlled by the ITAR. Is this correct ?

Answer:
No, it is the character and content of the information, not a stamp, which determines export requirements and its requirements. MDA may stamp certain information as controlled but we can not rely on this for export control. The bottom line is that the determining factor, as to whether an item is controlled, is if it is designed and/or built for a military purpose. If the answer is yes, then it is controlled unless its data that has passed into the public domain or has been determined to be dual-use technology. Lack of any specific marking as export controlled by MDA or any other agency does not negate the ITAR requirements.

Anything that is within the parameters of a defense service or technical data is ITAR controlled. Anything that is within the parameters of the public domain is not. Said another way, if our work is a defense service or generates technical data it is export-controlled. If our work falls within the public domain, prior approval to export is not required.

Your bottom line – Anything that could be reasonably construed as a defense product or service must be reviewed closely for export control.

Posted on April 14th, 2008 by keeton
Filed under: ITAR

3 Responses to “When is a defense service, product, or data subject to ITAR?”

  1. Wendy, on May 18th, 2010 at 1:47 pm Said:

    Is foreign defense technical data under the control of the ITAR when it is imported into the United States?

  2. admin, on May 26th, 2010 at 12:38 pm Said:

    Yes. Although the focus is on outgoing data, there are regulations that pertain to imports.

  3. Tyler, on September 7th, 2011 at 1:31 pm Said:

    My company would like to perform an explosives safety hazard analysis for a foreign country. We would use only public-domain unlimited distribution DoD documents and manuals. I know that transfering the manuals themselves does not require an export license. However, does using the manuals to perform a technical analysis “defense service” for a foreign country require a license. No new technology is being created, but we would like to deliver technical analysis results to the customer. Thanks.

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