Defense Trade Advisory Group

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18 Νοε 2013 (πριν από 3 χρόνια και 4 μήνες)

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Defense Trade Advisory Group


Technical Data Harmonization

Plenary Session

May 9
th
, 2013

2


Working Group Members


Task


Current ITAR and EAR Definitions


Why a Revision is Needed


Why DTAG did not recommend a word
-
for
-
word
alignment of the definition between EAR and ITAR


Key Elements of Proposed Definition


Other Items


Proposed ITAR Definition


Questions

Agenda

3


Dale Rill
-

Honeywell


Bryon Angvall
-

Boeing


Lisa Bencivenga
-



Gregory Bourn


Bourn Identity Inc.


Jeremy Huffman


hrk


Krista Larsen
-

FLIR


Spencer Leslie


Tyco


Beth Mersch
-

Northrop


Roger Mustian
-

Daniel Defense


Brenda Nicacio
-

PPG Aerospace


Ramzi Robana


Global Integrated
Security


Joy Robins


Wind River


Olga Torres


Holland Knight


Greg Hill
-

DRS


Beth Parrish
-

Lockheed


Dennis Burnett
-

Dennis J Burnett
LLC


Ginger Carney


Global Connections




Stephen Cope


Avioninc


Dana Goodwin
-

TradeLink


Lawrence Keane
-

NSSF


Christine McGinn
-

InterGlobal Trade
Consulting


Kim DePew
-

GE Aviation


Sam Sevier
-



Bill Wade


L
-
3

Task 1 Working Group Members

4

ITAR and the EAR both control the export of
Technical Data

but define and control it differently




Review the existing technical data definitions in the EAR


and ITAR




Review the control language applied to technical data in


each regulation




Recommend draft language to harmonize the definitions




Recommend draft language to harmonize the controls



Task 1

(attachment to January 11, 2013 letter from A. Shapiro to G. Sevier)

5

§

120.10 Technical Data

(a)
Technical data means, for purposes of this subchapter:

(1)

Information, other than software as defined in
§

120.10(a)(4) which is
required

for the
design, development, production, manufacture, assembly,
operation, repair, testing, maintenance or modification of defense articles
.
This includes information in the form of blueprints, drawings, photographs,
plans, instructions or documentation.

(2)

Classified information relating to defense articles and defense services;

(3)

Information covered by an invention secrecy order;

(4)

Software as defined in
§

121.8(f) of this subchapter directly related to
defense articles;

(5)
This definition
does not include
information concerning
general scientific
,
mathematical or engineering principles commonly taught in schools,
colleges and universities or
information in the public domain
as defined in
§

120.11. It also
does not include basic marketing information on function
or purpose or general system descriptions of defense articles
.


USML


CAT VI (g) “Technical data (as defined by
§

120.10…) ….
directly related
to

the defense articles enumerated in … this category. …”

Current Definitions

ITAR

6



Technology”


(General Technology Note)

Specific information
necessary for the “
development”, “production”, or “use”
of a
product.



The information takes the form of “technical data” or “technical
assistance”.



Controlled “technology” is defined in the General Technology
Note and in the Commerce Control List
(Supplement No. 1 to part
774 of the EAR).




“Technical data” .


May take forms such as blueprints, plans,
diagrams, models, formulae, tables, engineering designs and
specifications, manuals and instructions written or recorded on
other media or devices such as disk, tape, read
-
only memories.



Current Definitions

EAR
§

772.1


7

“Required”


As applied to “technology” …, refers to only that portion of
“technology” … which is
peculiarly responsible

for achieving or exceeding
the controlled performance levels, characteristics or functions.


Such “required” “technology” … may be shared by different products.


For example, assume product “X” is controlled if it operates at or above 400 MHz
and is not controlled if it operates below 400
MHz.

If production technologies “A”,
“B”, and “C” allow production at no more than 399 MHz, then technologies “A”, “B”,
and “C” are
not

“required” to produce the controlled product “X”. If technologies
“A”, “B”, “C”, “D”, and “E” are used together, a manufacturer can produce product
“X” that operates at or above 400
MHz.

In this example, technologies “D” and “E”
are “required” to make the controlled product and are themselves controlled under
the General Technology Note.

General Technology Note

(Supplement No. 1 to part 774)

8


Harmonization of the technical data definition
between the ITAR and EAR is required to
support transfer of technology from the USML
to the CCL in accordance with ECR



The revised definitions need to ensure that
technical data related to a new “600
-
series”
ECCN item also transfers to the CCL


Why A Revision Is Needed

9


DTAG does not recommend a word
-
for
-
word alignment of the
definition of Technical Data between EAR and ITAR



EAR focuses on specific special technology related to an item


Defines “required” to only control technology that is “peculiarly
responsible” for achieving or exceeding ….. thresholds”



ITAR focuses broadly on all technology directly related to USML
item


Controls technical data “
required

for the
design, development,
production, manufacture, assembly, operation, repair, testing,
maintenance or modification of defense articles…”


Each USML Category controls “Technical data ….
directly
related to

the defense articles enumerated in… this category.”



The definition can be further aligned when the USML and CCL are
combined or are more closely aligned

ITAR/EAR word
-
for
-
word alignment

Impractical

10


Only revise the definition of Technical Data in the ITAR



Proposed ITAR definition of technical data follows the framework of the
EAR definition of technology but continues to include certain key terms
currently in the ITAR definition


Design, development, production, manufacture, assembly,
maintenance, repair & testing


Eliminated “modification” as DTAG believes technical data related to
“modifications” would be captured by other elements of the new
proposed definition



Proposed definition specifically controls technical data that is “required
and
unique
” to an ITAR controlled item


Technical data that is common to a non
-
USML item would not be
controlled under the ITAR


Ensures technical data related to 600 series CCL component parts of
USML end items are controlled under the EAR and not the ITAR

Key Elements of Proposed Definition

11



DTAG did not address encrypted information as part of
this task


Reserved (b)(4) to address encrypted information



DTAG recommends a separate tasking to address the
potential review of the definition of “software”
uniquely separate from technical data


Consider defining “software”


Levels of controls (e.g., object code vs. source code)



Consider
Wassenaar

Agreement terms and definitions




Other Items

12

a
. Technical data,
for purposes of this subchapter, is:


1) Information
required

and
unique

for the development, production and use of defense
articles controlled exclusively in the USML;

a)
Development
includes information for all stages prior to serial production, such as:
design, development
, design research, design analyses, design concepts, assembly and
testing of prototypes, pilot production schemes, design data, process of transforming
design data into a product, configuration design, integration design, layouts.


b)
Production
includes information for all production stages, such as: product engineering,
production, manufacture
, integration,
assembly

(to include mounting), inspection,
testing, quality assurance.



c)
Use
includes information required for operation, installation (including on
-
site
installation),
maintenance, repair, testing
,

overhaul, or refurbishing


2) Classified Information related to defense articles and defense services;


3) Information covered by an invention secrecy order;


4) Software as defined in
§
121.8(f) of this subchapter required for development, production
and use of defense articles.


b. The definition of
Technical data

excludes:

1)
Information concerning general scientific, mathematical or engineering principles commonly
taught in schools, colleges and universities; and

2)
Information in the public domain as defined in
§
120.11;

3)
Basic information on function, purpose or general system descriptions of defense articles; and

4)
(Reserved)



Proposed ITAR Definition

Questions?