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Line 2: + + + + + + + + + + + − “This term includes technical data recorded or stored in any physical form, models, mockups or other items that reveal technical data directly relating to items designated in §121.1 (the USML). It also includes forgings, castings, and other unfinished products, such as extrusions and machined bodies, that have reached a stage in manufacturing where they are clearly identifiable by mechanical properties, material composition, geometry, or function as defense articles. It does not include basic marketing information on function or purpose or general system descriptions.”+ Line 40:
Line 51: − === Export === − §120.17 defines '''export''' as: − *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 personal knowledge includes technical data; or − *Transferring registration, control or ownership to a foreign person of any aircraft, vessel, or satellite covered by the U.S. Munitions List, whether in the United States or abroad; or − *Disclosing (including oral or visual disclosure) or transferring in the United States any defense article to an embassy, any agency or subdivision of a foreign government (e.g., diplomatic missions); or − *Disclosing (including oral or visual disclosure) or transferring technical data to a foreign person, whether in the United States or abroad; or − *Performing a defense service on behalf of, or for the benefit of, a foreign person, whether in the United States or abroad. − A launch vehicle or payload shall not, by reason of the launching of such vehicle, be considered an export for purposes of ITAR. However, for certain limited purposes, controls may apply to any sale, transfer or proposal to sell or transfer defense articles or defense services. − − '''''Exporting'' (by any of the above definitions) without proper licensure is a federal offense punishable by hundreds of thousands of dollars in fines or twenty years in federal prison.''' Institutions whose members commit ITAR violations also have significantly reduced chances of winning federal contracts and other government bids.
→Important Terms and Concepts: Moved Export to the top, because even though it's the last in the law it's the first thing people should read because legalese is otherwise unreasonably dry
== Important Terms and Concepts ==
== Important Terms and Concepts ==
=== Export ===
§120.17 defines '''export''' as:
*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 personal knowledge includes technical data; or
*Transferring registration, control or ownership to a foreign person of any aircraft, vessel, or satellite covered by the U.S. Munitions List, whether in the United States or abroad; or
*Disclosing (including oral or visual disclosure) or transferring in the United States any defense article to an embassy, any agency or subdivision of a foreign government (e.g., diplomatic missions); or
*Disclosing (including oral or visual disclosure) or transferring technical data to a foreign person, whether in the United States or abroad; or
*Performing a defense service on behalf of, or for the benefit of, a foreign person, whether in the United States or abroad.
A launch vehicle or payload shall not, by reason of the launching of such vehicle, be considered an export for purposes of ITAR. However, for certain limited purposes, controls may apply to any sale, transfer or proposal to sell or transfer defense articles or defense services.
'''''Exporting'' (by any of the above definitions) without proper licensure is a federal offense punishable by hundreds of thousands of dollars in fines or twenty years in federal prison.''' Institutions whose members commit ITAR violations also have significantly reduced chances of winning federal contracts and other government bids.
=== Defense Article ===
=== Defense Article ===
§120.6 defines '''Defense Article''' to refer to any item listed in Part 121, the [[#The United States Munitions List (USML)|United States Munitions List (USML)]].
§120.6 defines '''Defense Article''' to refer to any item listed in Part 121, the [[#The United States Munitions List (USML)|United States Munitions List (USML)]].
''This term includes technical data recorded or stored in any physical form, models, mockups or other items that reveal technical data directly relating to items designated in §121.1 (the USML). It also includes forgings, castings, and other unfinished products, such as extrusions and machined bodies, that have reached a stage in manufacturing where they are clearly identifiable by mechanical properties, material composition, geometry, or function as defense articles. It does not include basic marketing information on function or purpose or general system descriptions.''
=== Significant Military Equipment ===
=== Significant Military Equipment ===
§120.7 specially classifies certain defense articles with “substantial military capability” from Part 121 as '''Significant Military Equipment''' (SME), subject to additional controls.
§120.7 specially classifies certain defense articles with “substantial military capability” from Part 121 as '''Significant Military Equipment''' (SME), subject to additional controls.
*The University or its researchers accept other restrictions on publication of scientific and technical information resulting from the project or activity, or
*The University or its researchers accept other restrictions on publication of scientific and technical information resulting from the project or activity, or
*The research is funded by the U.S. Government and specific access and dissemination controls protecting information resulting from the research are applicable.
*The research is funded by the U.S. Government and specific access and dissemination controls protecting information resulting from the research are applicable.
== The United States Munitions List (USML) ==
== The United States Munitions List (USML) ==