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ITAR, anyone up on this?

Old 06-09-2015, 02:21 PM
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Default ITAR, anyone up on this?

Mod's this needs to be seen and discussed, I hope we can keep it top side.

http://www.washingtonexaminer.com/nr...rticle/2565762


Paragraph (b) of the revised definition explicitly sets forth the Department's requirement of authorization to release information into the “public domain.” Prior to making available “technical data” or software subject to the ITAR, the U.S. government must approve the release through one of the following: (1) The Department; (2) the Department of Defense's Office of Security Review; (3) a relevant U.S. government contracting authority with authority to allow the “technical data” or software to be made available to the public, if one exists; or (4) another U.S. government official with authority to allow the “technical data” or software to be made available to the public.
The requirements of paragraph (b) are not new. Rather, they are a more explicit statement of the ITAR's requirement that one must seek and receive a license or other authorization from the Department or other cognizant U.S. government authority to release ITAR controlled “technical data,” as defined in § 120.10. A release of “technical data” may occur by disseminating “technical data” at a public conference or trade show, publishing “technical data” in a book or journal article, or posting “technical data” to the Internet. This proposed provision will enhance compliance with the ITAR by clarifying that “technical data” may not be made available to the public without authorization. Persons who intend to discuss “technical data” at a conference or trade show, or to publish it, must ensure that they obtain the appropriate authorization.
Information that is excluded from the definition of “defense article” in the new § 120.6(b) is not “technical data” and therefore does not require authorization prior to release into the “public domain.” This includes information that arises during or results from “fundamental research,” as described in the new § 120.49; general scientific, mathematical, or engineering principles commonly taught in schools, and information that is contained in patents.
The Department also proposes to add a new provision to § 127.1 in paragraph (a)(6) to state explicitly that the further dissemination of “technical data” or software that was made available to the public without authorization is a violation of the ITAR, if, and only if, it is done with knowledge that the “technical data” or software was made publicly available without an authorization described in ITAR § 120.11(b)(2). Dissemination of publicly available “technical data” or software is not an export-controlled event, and does not require authorization from the Department, in the absence of knowledge that it was made publicly available without authorization.
“Technical data” and software that is made publicly available without proper authorization remains “technical data” or software and therefore remains subject to the ITAR. As such, the U.S. government may advise a person that the original release of the “technical data” or software was unauthorized and put that person on notice that further dissemination would violate the ITAR.
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Old 06-09-2015, 02:29 PM
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can you put that in layman's language?
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Old 06-09-2015, 02:31 PM
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ITAR- International Traffic in Arms Regulations, I work with it everyday

Been working with it for years the basics are not to share or store data relevant to "arms" be it military aircraft parts to ammo, overseas / out of country

That article is a bit extreme

PM me your questions and I will do my best to answer
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Old 06-09-2015, 03:08 PM
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Originally Posted by Trayder View Post
ITAR- International Traffic in Arms Regulations, I work with it everyday

Been working with it for years the basics are not to share or store data relevant to "arms" be it military aircraft parts to ammo, overseas / out of country

That article is a bit extreme

PM me your questions and I will do my best to answer
Trayder thanks for stepping up here. In general terms could you see ITAR being used to suppress the day to day conversations on current web site while discussing firearm/reloading/balistic's etc? TIA.
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Old 06-09-2015, 05:02 PM
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I don't think so. A lot of my customers do work for the government, or do work for their customers who do work for the government....etc, on things that go boom, or fly, or swim....you get the idea. Because of this, I see blueprints of things that I can't keep or share.
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Old 06-09-2015, 06:57 PM
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Originally Posted by Huntersun View Post
Trayder thanks for stepping up here. In general terms could you see ITAR being used to suppress the day to day conversations on current web site while discussing firearm/reloading/balistic's etc? TIA.
Not likely. It could be used if one were to share technical data (drawings, etc.) that is considered ITAR.

I also deal with ITAR & EAR (Export Restricted) every day. The ITAR regulations are updated regularly, and this did just recently happen. But this is done to keep up with the times. As new and cooler stuff gets developed, some stuff that was once ITAR gets re-classified as EAR, and so on. Or, it could go the other way.

I really doubt this would be used to crack down on gun forums. However, it should be known that you could go down to Cabela's and buy items that are not permitted to be exported. Certain night vision scopes for example. A civilian could get in trouble if they were to pass this on to an Iranian, or post restricted drawings, etc. online.
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