Regulatory Basics

Technical Data
Determination

 Only your compliance professional should make the final call on what is or is not technical data. However, a general rule of thumb is that information available in the public domain (or located where anyone could access it) is not considered technical data.

If you are able to find a book on how to build a missile at the library than that would not be considered technical data; however, if you told a Foreign National where to find that book — or what you read in that book, it may be considered a defense service — so remember — the export and import regulations are complicated and it is easy to accidentally cross the line.

The Internet is not a reliable source as public domain. The U.S. Government has not determined the best way to classify if something is controlled or not even if posted on a public site. It is safer for both you and your organization to consider the Internet as "off limits" when searching for information that is in the public domain.

Additionally, the U.S. Government may consider it a defense service when an organization combines multiple public domain articles into a single presentation. For example, if you wanted to do a proposal on the sale of an armored vehicle to a foreign customer and you were able to find three public sources with different information that your customer would find useful and when combined those three sources provide a really detailed overview of the product — the U.S. Government may consider that you have created technical data from the public sources. Remember, only your compliance professional should make a determination if something is technical data or not.