An export control question for services performed and tests conducted on various types of hardware:
How do we know if the results are export controlled or not? Great question and potentially complicated to work through.
A simple rule of thumb (and fair rule) is to treat the results at the “highest” export level.
Four Simple Scenarios
Starting Definitions:
Non-controlled – Not ITAR and no ECCN thus EAR99
Controlled – ITAR or ECCN (like 8A992(e))
Scenario 1
A non-controlled item with non-controlled test results or software is non-controlled.
Example – Baseball bat tested for basic impact strength.
Results – Bat and test results are not controlled.
Scenario 2
A controlled item with non-controlled test results or software is controlled.
Example – Military Tank tested for basic impact strength.
Results – Military Tank and results are controlled.
Scenario 3
A non-controlled item with controlled test results or software is controlled.
Example – Baseball bat tested for “special” ballistics normally done on military tanks.
Results – Bat is not controlled, but results are controlled as they may reveal something about the test itself.
Scenario 4
A controlled item with controlled test results or software is controlled.
Example – Military Tank tested for “special” ballistics normally done on tanks etc.
Results – Tank and results are controlled.