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
Non-controlled item with non export-controlled test results or software is not controlled
Example – Baseball bat tested for basic impact strength
Results – Bat and test results are not controlled
Scenario 2
Controlled item with non export-controlled test results or software is controlled
Example – Military Tank tested for basic impact strength
Results – Military Tank and results are controlled
Scenario 3
Non export-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
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