Specific information required for the development, production, or use of a product.
Technical Data/Technology may be in any tangible or intangible form, such as written or oral communications, blueprints, drawings, photographs, plans, diagrams, models, formulae, tables, engineering designs and specifications, computer-aided design files, user manuals or documentation, electronic media or information revealed through visual inspection.
The information can take the form of technical data or technical assistance. Technical assistance may take forms such as instruction, skills training, working knowledge, or consulting services. Technical assistance may involve transfer of technical data.
As defined under the ITAR, 22 C.F.R. § 120.10, Technical Data means:
“(1) Information, other than software as defined [below][1], which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles. This includes information in the form of blueprints, drawings, photographs, plans, instructions or documentation.
(2) Classified information relating to defense articles and defense services . . .;[2]
(3) Information covered by an invention secrecy order; or
(4) Software . . . directly related to defense articles.”
This definition does not include the following: (1) information concerning general scientific, mathematical, or engineering principles commonly taught in schools, colleges, and universities, (2) information in the public domain,[3] or (3) basic marketing information on function or purpose or general system descriptions of defense articles.
As defined under the EAR, 15 C.F.R. § 772, Technology means “[i]nformation necessary for the ‘development,’ ‘production,’ ‘use,’ operation, installation, maintenance, repair, overhaul, or refurbishing . . . of an item. Technology “may be in any tangible or intangible form, such as written or oral communications, blueprints, drawings, photographs, plans, diagrams, models, formulae, tables, engineering designs and specifications, computer-aided design files, manuals or documentation, electronic media or information revealed through visual inspection.”
[1] “Software includes but is not limited to the system functional design, logic flow, algorithms, application programs, operating systems, and support software for design, implementation, test, operation, diagnosis and repair.” 22 C.F.R. § 120.45(f).
[2] Includes classified information relating to defense articles and defense services on the U.S. Munitions List, and classified information related to formerly ITAR-controlled articles subsequently appearing on the Commerce Control List (e.g. those in the ECCN -500 or -600 series).
[3] Public domain means “information which is published and which is generally accessible or available to the public.” 22 C.F.R. § 120.11.
