What Is ITAR Technical Data?
Under ITAR §120.33, technical data includes information required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance, or modification of defense articles. This includes blueprints, drawings, plans, instructions, documentation, and certain software source code.
Technical data does not include general scientific, mathematical, or engineering principles commonly taught in schools, or information in the public domain. However, the public domain exclusion has specific limitations — information must be genuinely publicly available, not just theoretically accessible.
Controlling Technical Data
Any export, reexport, or retransfer of ITAR-controlled technical data requires DDTC authorization. This includes sending documents to foreign persons, providing access to controlled databases, or even having verbal discussions about controlled technical details with foreign nationals — including those physically present in the United States.
This last point is critical: sharing ITAR technical data with a foreign person in the United States constitutes a 'deemed export' and requires the same authorization as sending the data abroad. Companies must implement access controls to prevent unauthorized access by foreign employees or visitors.
Practical Compliance Measures
Implement technology control plans (TCPs) that identify ITAR-controlled technical data, restrict access to authorized personnel, and provide physical and digital security measures. Mark ITAR-controlled documents with appropriate export control warnings. Train employees on recognizing and handling controlled technical data.
Regular audits of technical data access controls, employee nationality tracking for deemed export compliance, and secure storage systems for controlled documents are essential elements of a robust ITAR technical data compliance program.