How to Define ITAR-Controlled “TechnicalData” and “Defense Services”: CommonMisunderstandings and Pitfalls That Can Triggeran Export Violation

October 21, 2014 9:45am

Bart McMillan
Partner
Baker & McKenzie

Ben Gaffield
Corporate Technology Control Officer and Director, Trade Compliance
Elbit Systems of America

Technical Data

  • Defining “technical data” and “export” of technical data
  • Determining whether technical data is in the “public domain” under 120.11
  • Identifying whether technical data is ITAR-controlled
  • Recent DDTC guidance and expectations on how to control technical data
  • Reducing the risk of technical data export violations in offshore procurement ventures
  • Complying with restrictions governing “technical” discussions

Defense Services

  • What are “defense services” under the ITAR
  • How the broad definition of “defense services” affects commercial companies
  • How U.S. persons can engage in ITAR-controlled “defense services” by simply providing public domain information
  • How “defense services” can cover technical data related to EARcontrolled
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