In today’s global environment, OSS DEFENSE LLC‘s, transfer of export controlled technical data, your company’s IP or customer technical data occurs in an instant. Export-controlled technical data is regularly transferred electronically by OSS DEFENSE LLC email or other means to our domestic and international customers, partners, vendors, legal counsel and consultants. To ensure compliance with U.S. export regulations, the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR) are met, it is important to understand what happens to the export controlled technical data when it is received by the OSS DEFENSE LLC’s domestic or international parties. Who will have access to the export controlled technical data? Where will it be stored? If the export controlled technical data will be shared with other people employed by the recipient or external to the recipient.
Real case scenario with Ukraine Project.
A recent case we encountered highlights just how far the questions need to go. In this situation, OSS Defense LLC was exporting energetics from Argentina (export controlled technical data included) to a Ukrainian company. In doing our due diligence, we asked the buyer the export controlled technical data would be stored, and whether there were any external IT companies supporting the foreign company (i.e. administering its servers or supply chain partners that would receive the export controlled technical data). OSS Defense LLC learned that backup of the buyer’s servers would be at another country (Poland). This backup of South American origin export controlled technical data in a separate country is a reexport under the ITAR and EAR, for which export authorization may be or not required. If this question had not been asked during the license development process, OSS Defense LLC along site with our seller would have released export controlled technical data to the buyer’s company and the foreign company hosting the servers would have caused an unwitting export violation.
OSS DEFENSE LLC. CODE OF FEDERAL REGULATIONS.
https://www.ecfr.gov/current/title-22/chapter-I/subchapter-M/part-120
OSS DEFENSE ALSO FOLLOWS REUM and EEUM REGULATIONS.
OSS DEFENSE LLC. DSP-85 FORM https://www.pmddtc.state.gov/sys_attachment.do?sys_id=82b06bfd97dcd25467b1791ad053af09