US ITAR and EAR - Export Control and Data Security
Controlled technical data and technology: exports, releases and access – US ITAR and EAR - Export Control and Data Security

US ITAR and EAR - Export Control and Data Security ITAR 120.50 and EAR 734.13: Treat releases to foreign persons in the United States as deemed exports, applying each regime's nationality rule

Both regimes treat releasing or transferring controlled technical data or technology to a foreign person inside the United States as an export (a deemed export). The attribution rules differ and drive the licensing analysis: under the ITAR a release is an export to every country in which the foreign person has held or holds citizenship or holds permanent residency (120.50(b)); under the EAR it is a deemed export to the person's most recent country of citizenship or permanent residency (734.13(b)), and the EAR deemed export covers technology and source code but not object code. The ITAR also treats performing a defense service for a foreign person, releasing data to an embassy or consulate in the United States, and causing previously encrypted data to be decrypted as exports (120.50(a)(4) to (6)).

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

What else in your programme already covers this

This control maps to 2 controls across 1 other frameworks. If you already hold one of them, the evidence you collected for it is the starting point here rather than new work.

  • 734.13 734.13 Export (including deemed export)
  • 743.8 743.8 Deemed export reporting under the General Order No. 6 (f)(3) licence

Every mapping shown was judged rather than inferred from wording similarity, and the ones that failed review are published too. See the coverage reports and what was rejected.

Other controls in Controlled technical data and technology: exports, releases and access – US ITAR and EAR - Export Control and Data Security

Query this from an agent

The graph holds this control, the 2 it maps to, and the evidence behind each claim, over MCP and REST.