Export Control Compliance
Office of Research & Commercialization
University of Central Florida
March 2008

International Traffic in Arms Regulations (ITAR)

Introduction:

ITAR Application:

Export Means:

1. Sending or taking a defense article out of the United States in any manner, except by mere travel outside of the United States by a person whose knowledge includes technical data; or
2. Transferring registration, control or ownership to a foreign person or any aircraft, vessel, or satellite covered by the U.S. Munitions List, whether in the United States or abroad; or
3. Disclosing (including oral or visual disclosure) or transferring in the United States and defense article to an embassy, any agency or subdivision of a foreign government (e.g., diplomatic missions); or
4. Disclosing (including oral or visual disclosure) or transferring technical data to a foreign person, whether in the United States or abroad; or
5. Performing a defense service on behalf of, or on the benefit of, a foreign person, whether in the United States or abroad.

Foreign Person:

Defense Service:

Defense Article:

Technical Data:

Release of Technology/Deemed Export:

1. Technology is “released” for export when it is available to foreign nationals for visual inspection (such as reading technical specifications, plans, blueprints, etc.);
2. When technology is exchanged orally to a foreign national;
3. When technology is made available to foreign nationals by practice or application under the guidance of persons with knowledge of the technology.

The deemed export rule does not apply to persons lawfully admitted for permanent residence in the United States and does not apply to persons who are protected individuals under the Immigration and Naturalization Act (8 U.S.C.1324b(a)(3).

Licenses for the Export of Defense Articles:

Exemptions to Licenses for the Export of Technical Data:

A license is required for the export of unclassified technical data unless the export is exempt from the licensing requirements outlined below:

a. Technical data, including classified information, to be disclosed pursuant to an official written request or directive from the U.S. Department of Defense;

b. Technical data, including classified information, in furtherance of a manufacturing license or technical assistance agreement;

c. Technical data, including classified information, in furtherance of a contract between the exporter and an agency of the U.S. Government;

d. Technical data, including classified information, in the form of basic operations, maintenance, and training information relating to a defense article lawfully exported;

e. Technical data, including classified information, sent by a U.S. corporation to a U.S. person employed by that corporation overseas or to a U.S. Government agency;

f. Disclosure of unclassified technical data in the U.S. by U.S. institutions of higher learning to foreign persons who are their bona fide and full time regular employees. This exemption is available only if:

(i) The employee’s permanent abode throughout the period of employment is in the United States;
(ii) The employee is not a national of a country to which exports are prohibited;
(iii) The University informs the individual in writing that the technical data may not be transferred to other foreign persons without the prior written approval of the Office of Defense Trade Controls.

g. Technical data, including classified information, for which the exporter, pursuant to an arrangement with the Department of Defense, Department of Energy or NASA which requires such exports, has been granted an exemption in writing from The Office of Defense Trade Controls.

Exemptions to Licenses for Defense Services:

1. Defense services and related unclassified technical data are exempt from export licensing requirements to nationals of NATO countries, Australia, Japan, and Sweden, for the purposes of responding to a written request from the Department of Defense for a quote or bid proposal. The release of technical data under this section is limited to:
   
   a. Build to Print documents;
   b. Build/Design-to-Specifications;
   c. Basic Research;
   d. Design methodology;
   e. Engineering Analysis;
   f. Manufacturing Know-how.
   
   
2. Defense services exported by accredited U.S. institutions of higher learning are exempt from the licensing requirements when:
   
   a. The export is to countries located within the North Atlantic Treaty Organization or countries which have been designated in the Foreign Assistance Act of 1961, when engaged in international fundamental research conducted under the aegis of an accredited U.S. institution of higher learning; and
   b. In direct support of fundamental research being conducted either at accredited U.S. institutions of higher learning or an accredited institution of higher learning, a governmental research center or an established government funded private research center located within North Atlantic Treaty Organization countries or countries designated in the Foreign Assistance Act of 1961; and
   c. Limited to discussions on assembly of any spacecraft or spacecraft subsystems into a scientific, research, or experimental satellite.

Exemptions to Unclassified Defense Articles:

The following exemptions apply to exports of unclassified defense articles for which no approval is needed from the Office of Defense Trade controls:

1. Defense hardware being exported in furtherance of a manufacturing license agreement.
2. The export of components or spare parts when the total value does not exceed $500.00 in a single transaction.
3. Packing cases specially designed to carry defense articles.
4. Unclassified models or mock-ups of defense articles, provided that such models or mock-ups are no operable and do not reveal any Technical Data for which approval is not needed from the Office of Defense Trade Controls.
5. Temporary export of unclassified defense articles to any public exhibition, trade show, air show or related event if the article has previously been licensed for a public exhibition.
6. The temporary export by a U.S. person of any unclassified component, part, tool or test equipment to a subsidiary, affiliate or facility owned or controlled by the U.S. person if the component, part, tool, or test equipment is to be used for manufacture, assembly, testing, production, or modification provided the U.S. person is registered with the Office of Defense Trade controls.
7. The permanent export and return to the United States, by accredited U.S. institutions of higher learning of Spacecraft Systems and Associated Equipment fabricated only for fundamental research purposes when all of the following are met:
   
   a. the export is to an accredited institution of higher learning, a governmental research center or an established government funded private research center located within countries of the North Atlantic Treaty Organizations or which have been designated by the Foreign Assistance Act.
   b. all of the information about the article(s), including its design and all of the resulting information obtained through fundamental research involving the article will be published and shared broadly within the scientific community, and is not restricted for proprietary reasons or specific U.S. government access and dissemination controls or other restrictions accepted by the institution or its researchers on publication of scientific and technical information resulting from the project or activity.
   c. If the article(s) is for permanent export the platform or system in which the article(s) may be incorporated must be satellite covered and be exclusively concerned with fundamental research and only be launched into space from countries and by nationals of countries indentified in the ITAR.

Technical Assistance Agreements:

The approval of the Office of Defense Trade Controls must be obtained before defense services may be furnished or released.

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