QUESTION: How do you classify technology (EAR) or technical data (ITAR) to determine who it can be shared with? Do you start with the hardware classification for every item and then extrapolate the technology classification, assign categorical tech data controls for entire programs, or use another method? And once a technology classification is determined, do […]
QUESTION: I have come across differing opinions or interpretations of 126.1 with respects to”…when the recipient is a U.S. Government department or agency…,” specifically what it means by “recipient,” so I have a question regarding use of exemptions for exports to proscribed/prohibited countries. If company A, which is neither a U.S. Government department or agency […]
QUESTION: If it’s a Japanese company located in California, is this Japanese company a foreign person by ITAR definition? ========== Answers: Any foreign corporation/business/organization/group not incorporated or organized under U.S. law is considered a foreign person ========== That would depend on a number of factors. Start by reviewing the California entity’s form DS-2032 as submitted […]
QUESTION: I am hoping you can advise on how to handle a repair and return export that should have qualified for and exemption but was inadvertently sent out on an export license? The license is for the same part, customer but different PO, and will now throw off our quantities for the current PO. Any […]
QUESTION: 1. Are capacitors that are clearly designed for commercial applications can meet the criteria of ITAR USML Category XI(c)(5), or only capacitors that are specially designed for military applications are controlled under ITAR USML Category XI(c)(5)? This is asked even that ITAR USML Category XI(c)(5) have only technical parameters and not the “specially designed”. […]
QUESTION: We sold ITAR controlled unit X to a foreign military, licensed – all good. The foreign military needs repairs done on that item. The repairs are on EAR99 parts of that unit X. They (the foreign military) are looking for replacement parts so they can do the repair. They put the repair out to […]
QUESTION: We have an ITAR controlled item which was broken beyond repair or use in an accident, in the US. We will be moving the item to a holding facility, also in the US, before it will be sent off for final destruction per DoD guidelines. Our question is: Do ITAR controls on this item […]
QUESTION: I have a question about subcontracting out some ITAR cutting/machining metal work to a vendor who isn’t DDTC registered. Say, hypothetically, we want subcontract out to another company to machine to spec (drawing is controlled technical data) a USML specially designed part who we know isn’t DDTC registered. We own and supply the metal […]
QUESTION: My company does not manufacture any ITAR items so I don’t have much experience in this area other than what I have learned in seminars and need the assistance of the membership We are performing a testing service of an ITAR controlled item for a Federal Government Contractor and received an Export Compliance Certification […]
QUESTION: The secure message sent from the contractor states the attachment of the email contains technical data, export of which is restricted by ITAR or EAR. My first thought was to segregate all foreign nationals in the company and not allow any access to anything involved in the project, however, when I read the Certification […]
QUESTION: We have some small ITAR controlled samples in our office and want to ship them to Pennsylvania, while we do not need a license to ship them domestically, are there any Best Practices when it comes to domestic transport? For example, we are planning to ship via a US flag carrier such as an […]
QUESTION: On marketing materials, how can one tell if a DSP-5 or DSP-73 license will be required? What is considered “technical” data exactly or public versus private? If a demo is not operating, is a license not required? ========== Answers: Is your data “required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance […]