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Export Definitions
Under both EAR and ITAR, transferring information ("technical data" or "technology"), a physical item or a computer program to a foreign country is an "export." This includes making technical data and computer software available over the Internet. Under EAR, technology includes specific information necessary for the development, production or use of a product. The information takes the form of "technical data" or "technical assistance." Providing controlled information to a foreign person even if the person is in the United States would also be deemed to be an export of that information.
A "deemed export" might take place verbally, in writing or by allowing a foreign person access to physical items, such as equipment or devices, or computer software from which the person can obtain the controlled information by inspection or use.
Under ITAR, technical data includes information which is required for the design development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles (Note: this includes civilian space articles on the USML); classified information relating to defense articles and defense services; information covered by an invention secrecy order; and software directly related to defense articles. It does not include basic marketing information on function or purpose or general system descriptions.
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