Regulatory Basics

Technical Data

 "Technical data" is information that would be required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles, as well as classified information relating to defense articles. As an IC you may have reason to work with firearms or other defense articles that would require the review of a manual to assist in repair or testing. Do not provide this type of information to a Foreign National — even if they are already familiar with it. Determine what the scope of your authorization allows prior to discussing even the most basic of principles. It is not intuitive that you may be sharing technical data related to firearms to a Foreign National that has years of experience using them. Understand that technical data about things like firearms can be found in the public domain — you may have had a firearms course at your local YMCA — or other public event, however, even the most basic of data relating to a weapon is controlled by the U.S. Department of State and would be considered an export. Make sure your authorization allows for you to discuss even the ridiculously simple basics.

Technical data can be exported from a U.S. Person to a Foreign Person in tangible or intangible form. Exports can occur through tangible form such as through transfer of documents such as blueprints, drawings, photographs, plans, instructions, documentation, or training materials, and intangible forms through activities such as technical services, telephone conversations, and discussions. This can occur in an informal or formal setting, be cautious about just chatting after duty or during meals — it is very easy to accidently cross the lines into exporting.

Items such as manuals for night vision goggles and firearms are controlled, mission plans may be controlled — including some items mailed or e-mailed to you by TigerSwan Company. Never allow a Foreign Person access to your computer or Blackberry or written materials provided to you by TigerSwan Company without written authorization from Tom Wright. Even if a member of the U.S. Military requests you share mission plans with a Foreign National, you must talk to Tom Wright prior to making that export — U.S. Military personnel are not subject to the same regulations that a private defense contractor would be subject to, nor do they generally understand the regulations. Be aware that they do not have the authority to override or change the scope of your authorization — only the U.S. Department of State or Commerce is authorized to do so.

"Required for" information includes, for example: blueprints, drawings, photographs, plans, instructions and documentation.

Criteria that also can help to identify technical data includes: quantitative information, data developed for a military application or pursuant to a Department of Defense (DoD) contract, an engineering drawing of a defense article, data providing an understanding of sensitive capabilities (e.g., stealth) or vulnerabilities (e.g., Electro Magnetic Interferance, or EMI), insight into design or manufacturing a defense article or data extracted unabridged from technical documents relating directly to defense articles.

Basic marketing information is usually not proprietary nor controlled.

General system description may be more than basic marketing information, but cannot meet "required for" text.

Note: There is a gray area between what is technical data and what is in the public domain. All such determinations must be reviewed with your export expert.

The EAR uses the term "technology." The same concepts found in the ITAR for identifying technical data apply to identifying "technology" under the EAR (e.g., development, production, use and "technical assistance").