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Technical data directly related to the manufacture or production of any defense articles described elsewhere in this category that are designated as Significant Military Equipment (SME) shall itself be designated SME. Technical data is defined in the ITAR at 22 CFR §120.33 as:
Any article, service, or related data found to be on the USML requires an export license issued by the United States State Department to be exported (given to a non-U.S. person). A "U.S. person" is a U.S. citizen or permanent resident who does not work for a foreign company, government, or non-governmental organization. Some license exceptions ...
A United States data item description (DID) is a completed document defining the data deliverables required of a United States Department of Defense contractor. [1] A DID specifically defines the data content, format, and intended use of the data with a primary objective of achieving standardization objectives by the U.S. Department of Defense .
The Bureau of Political-Military Affairs' Directorate of Defense Trade Controls (DDTC) is the organization within the U.S. Department of State responsible for enforcing the International Traffic in Arms Regulations (ITAR). In accordance with 22.
Data requirements can also be identified in the contract via special contract clauses (e.g., DFARS), which define special data provisions such as rights in data, warranty, etc. SOW guidance of MIL-HDBK-245D describes the desired relationship: "Work requirements should be specified in the SOW, and all data requirements for delivery, format, and ...
Additional clauses must be added to the acquisition for patent/data/technical data and specific CLINs must be added for data/technical data deliverables per the FAR/DFAR. Various agency regulations separately deal with technical data acquisition as well and must be consulted. There is a difference between FAR and agency supplements.
The Arms Export Control Act of 1976 (Title II of Pub. L. 94–329, 90 Stat. 729, enacted June 30, 1976, codified at 22 U.S.C. ch. 39) gives the President of the United States the authority to control the import and export of defense articles and defense services.
The Department of State: the ITAR administered by the Directorate of Defense Trade Controls relate to defense articles and defense services on the US Munitions List and section 38 of the Arms Export Control Act; The Office of Foreign Assets Control (OFAC)