DDTC published a notice in the Federal Register to clarify that the ITAR 125.4(b)(9) exemption authorizes certain exports of technical data being sent or taken out of the United States. This ITAR exemption authorizes a US corporation or US Government agency to export technical data to US person employees of the exporting company or US Government overseas without an export license as long as the data is for use only by a US person overseas.
The primary clarification is that the exemption now says technical data may be “sent or taken.” Prior to this clarification, some people where not sure if the former use of only the word “sent” included technical data “taken,” for example, in the case where a US person takes a laptop out of the United States with ITAR technical data on it. Since DDTC said this is a clarification and not a change, apparently DDTC previously thought the use of the word “sent” included “taken.”
A change in the wording says now the exemption authorizes either a US corporation or the US Government to be the exporter-prior to the change, the exemption said only the US corporation could be the exporter.
The exemption also requires that the recipient outside of the United States is a US person employee of the exporting company or the US Government. The exemption may not be used for a US corporation to export technical data to a recipient employed by an affiliated company.
This exemption authorizes US person employees to carry technical data out of the United States on a laptop, memory stick or on paper. It also authorizes a US company to email technical data to its US person employees overseas. It, is not, however, a blank check. While it is ok for you to email ITAR tech data to your co-worker Sally when she is in France, regardless of whether you know she is in France, it is not ok for you to send her the email if she is in China.
For details go to: http://edocket.access.gpo.gov/2010/2010-21450.htm