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Technical Data Exports 11 th Annual Firearms Import/Export Conference August 1, 2012

Defense Technology Security Administration. Technical Data Exports 11 th Annual Firearms Import/Export Conference August 1, 2012. Wesley Cox Chief, Missiles and Space Division Technology Directorate wesley.cox@dtsa.mil. Overview. The role of DoD in export licensing Organization of DTSA

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Technical Data Exports 11 th Annual Firearms Import/Export Conference August 1, 2012

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  1. Defense Technology Security Administration Technical Data Exports 11th Annual Firearms Import/Export Conference August 1, 2012 Wesley Cox Chief, Missiles and Space Division Technology Directorate wesley.cox@dtsa.mil

  2. Overview • The role of DoD in export licensing • Organization of DTSA • What is technical data? • Relevant ITAR exemptions

  3. DoD’s Role in Export Control State Commerce • Jurisdictional disputes • Controls not always clear • Licensing delays International Traffic in Arms Regulations (ITAR) Export Administration Regulations (EAR) Controls all U.S. Munitions Controls Dual-use Items Supports Contains U.S. Munitions List (USML) • Reviews licenses in support of both State and Commerce • Assists in the development of USML and CCL Contains Commerce Controlled List (CCL) Defense

  4. TechnologyDirectorate PolicyDirectorate International Security SpaceDirectorate Management Directorate -- Aeronautical -- Electronics -- Information & Communications -- Sensors & Lasers -- Missiles & Space -- NBC/Land/Naval/ Materials/Machine Tools -- Space Monitoring --Regional Policy--Negotiations & Liaison --Strategic Analysis & Assessments -- Secretariat NDPC -- FG Disclosure Policy -- Security Surveys -- General Security Agreement -- NATO Security Policy -- FN Pers Assgn Policy -- Monitor International Security Program -- International Security Training Oversight -- License Monitoring -- Tech Exchanges -- Tech Data Reviews -- Finance -- Administration Contract -- Human Capital -- Security -- Info Technology Integration Defense Technology Security Administration Mr. James A. Hursch Director Mr. Tim Hoffman Deputy Director Military Assistant LicensingDirectorate Technology Security & Foreign Disclosure Office --License Reviews --Commodity Jurisdictions --Voluntary & Directed Disclosures --Regulations -- ATTR SSG Secretariat -- Releases in Principle/Specific -- DoD TSFD Process Oversight -- ATTR SSG TSFD Policies

  5. Technology DirectorateDirector: Tom Devendorf Deputy Director: Mike Grenn Sensors & Lasers (TDL) Chief: Todd Carr Engineer/Scientist (6) Operations (TDO) Tech Sec Specialist (3) NBC, Land, Naval,Materials & Tools (TDN) Chief: Tom Colandene Engineer/Scientist (4) Electronics (TDE) Chief: Ed Auger Engineer/Scientist (3) Active Duty Engineer (1) Aeronautical (TDA) Chief: Jim Hatfield Engineer/Scientist (4) Active Duty Engineer (2) Information & Communications (TDI) Chief: Maureen Raley Engineer/Scientist (5) Missiles & Space (TDM) Chief: Wes Cox Engineer/Scientist (6)

  6. Technical Data (§120.10) • Includes: • Information required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles • Blueprints, drawings, photographs, plans, instructions or documentation • Classified information relating to defense articles and defense services • Information covered by invention secrecy order • Software • Does not include: • General principles taught in schools, colleges and universities • Information in public domain • Basic marketing info on function or purpose or general system descriptions

  7. Public Domain (§120.11) • Published information which is generally accessible or available to public: • Through sales at newstands and bookstores • Through subscriptions available to any individual • Through second class mailing privileges • At libraries from which the public can obtain documents • Patents available at any patent office • Unlimited distribution at conference, meeting, seminar, trade show or exhibition generally accessible to the public, in the United States • Through public release after approval by cognizant U.S. Government department or agency • Through fundamental research at accredited institutions of higher learning

  8. Some Basic Questions • Is the information: • Pertaining to a defense article? • The same as (identical to) information in the public domain? • Technical (vice fiscal, etc.)? • Marked with distribution restrictions? • Classified? • Cleared for public release by cognizant U.S. Government official? • Published? • Legitimately placed in public domain? • A compilation of individual public domain facts assembled for a particular application?

  9. ITAR EXEMPTIONS(Export without license) • §125.4(b)(13): • Technical data approved for public release by Office of Security Review (does not require publication to qualify) – http://www.dtic.mil/whs/esd/osr/index.htm • §125.4(b)(5): • Technical data in the form of basic operations, maintenance, and training relating to a defense article lawfully exported or authorized for export to same recipient • §125.4(b)(6): • Technical data related to firearms not in excess of caliber .50 and ammunition for such weapons, except detailed design, development, production or manufacturing information • §126.17 & Supplement 1: • Defense Trade Cooperation Treaty with the UK

  10. Defense Technology Security Administration Questions?

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