International Traffic in Arms Regulations (ITAR)

The ITAR regulate:

• Defense articles
• Defense services
• Technical data
• Exports and temporary imports of defense articles
• Reexports and retransfers
• Certain brokering activities

Defense articles are items or technical data designated on the United States Munitions List.

The USML contains categories covering defense-related equipment, systems, components, materials, software, technical data, and associated defense services.

Examples of areas addressed by the USML include:

• Firearms and armaments
• Military vehicles and vessels
• Military electronics
• Fire control and targeting systems
• Certain sensors and military electronics
• Missiles and launch vehicles
• Certain spacecraft and related systems
• Military training equipment
• Classified defense articles and technical data
• Other defense articles identified in the applicable USML categories

Whether equipment, software, technical data, or another item is subject to the ITAR depends on the applicable USML criteria and export control jurisdiction.

Although ITAR-controlled research is uncommon at the University, additional review may be necessary when an activity involves:

• Defense articles identified on the USML.
• Sponsor-provided ITAR-controlled technical data.
• Research involving controlled military or defense technology.
• Development, testing, modification, or use of USML-controlled equipment.
• International shipments or transfers involving defense articles.
• Foreign-person access to ITAR-controlled technical data.
• Providing technical assistance or training that may constitute a defense service.
• Research agreements containing ITAR, USML, foreign-person access, publication, or dissemination restrictions.
• Other activities where U.S. Department of State export control jurisdiction may apply.

Department of Defense funding alone does not make a research project subject to the ITAR.

ORS can assist in determining whether the particular equipment, technical data, services, or research activities involved are subject to State Department jurisdiction.

The ITAR and EAR establish separate export control frameworks administered by different federal agencies.

ITAR

Administered by the U.S. Department of State and applies to:

• Defense articles designated on the USML.
• Technical data controlled under the ITAR.
• Defense services.
• Certain brokering activities.

EAR

Administered by the U.S. Department of Commerce and applies to commodities, software, and technology subject to the EAR, including many commercial, dual-use, and certain military items.

Whether an item falls under the ITAR or EAR cannot be determined solely by whether it has a military application. Export control jurisdiction depends on the applicable federal regulations and control-list criteria.

ORS can assist with export control jurisdiction and classification determinations.

The United States Munitions List (USML), located in 22 CFR Part 121, identifies categories of defense articles and related technical data controlled under the ITAR.

The USML is divided into categories addressing different types of defense equipment, systems, components, materials, technical data, software, and defense services.

Determining whether an item is subject to the USML may require review of:

• Technical characteristics.
• Design and development history.
• Function and performance.
• Applicable USML category language.
• Whether the item satisfies applicable “specially designed” or other regulatory criteria.
• Other export control jurisdiction considerations.

ORS can assist researchers with determining whether an item, software, or technical data is subject to the ITAR or EAR.

See Export Control Classification for additional guidance.

The ITAR regulate certain technical data directly related to defense articles.

Technical data may include information required for the:

• Design
• Development
• Production
• Manufacture
• Assembly
• Operation
• Repair
• Testing
• Maintenance
• Modification

of defense articles.

Not all information concerning military or defense-related subjects constitutes ITAR-controlled technical data. The ITAR excludes certain categories of information from the technical-data definition, including information that qualifies as public domain information under applicable regulatory provisions.

ORS can assist researchers in determining whether technical information is subject to the ITAR.

A defense service may involve furnishing assistance, including certain training or technical assistance, to foreign persons in connection with defense articles or providing certain controlled technical assistance regulated by the ITAR.

Potential defense-service considerations may arise through:

• Technical instruction.
• Training.
• Engineering assistance.
• Demonstrations.
• Technical consulting.
• Assistance involving operation or use of defense articles.
• Other services involving controlled defense technology.

Because defense-service requirements are activity-specific, researchers should contact ORS before providing technical assistance or training to foreign persons when defense articles or ITAR-controlled technical data may be involved.

University research is not automatically excluded from the ITAR.

Information that qualifies under applicable ITAR provisions for public domain information or information resulting from qualifying fundamental research may not constitute controlled technical data.

However, ITAR requirements may still apply to other aspects of the same research project, including:

• Defense articles.
• Sponsor-provided technical data.
• Proprietary or third-party controlled technical data.
• Controlled software.
• Defense services.
• Foreign-person access.
• International shipments or transfers.
• Research subject to publication, access, or dissemination restrictions.

Researchers should therefore not assume that a project is outside the ITAR simply because the research is conducted at a university or is intended for publication.

ORS can assist in determining which information and activities are subject to applicable export control requirements.

The ITAR regulate certain releases of controlled technical data and the furnishing of defense services to foreign persons.

Foreign-person access may occur through:

• Electronic access to controlled technical data.
• Written or oral disclosure.
• Technical demonstrations.
• Training or instruction.
• Visual access when controlled technical data are revealed.
• Participation in activities that constitute defense services.

Foreign nationality alone does not mean that a person may not participate in University research. The relevant question is whether the individual will receive controlled technical data, defense services, or other access regulated under the ITAR.

ORS can determine whether authorization, access restrictions, or a Technology Control Plan is required.

Exports, reexports, retransfers, releases of technical data, and furnishing of defense services subject to the ITAR generally require prior authorization from the U.S. Department of State unless an applicable exemption or other regulatory authorization applies.

Requirements may depend on:

• The defense article, technical data, or defense service involved.
• Destination.
• Recipient.
• End user.
• Intended end use.
• Foreign-person access.
• Applicable ITAR exemptions.
• Other country- or party-specific restrictions.

Researchers should contact ORS before exporting, transferring, releasing, or providing access to ITAR-controlled defense articles or technical data or before providing a defense service.