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  • Question

    If requested to "build to print" not build to spec is there any guidance you can provide me with regard to export control?


    Answer

    There are two key aspects that must be defined with respect to export control arrangements in this situation before the appropriate course of action can be determined:

    1) Does the DoD itself have privity of contract for the OCONUS work to be performed? or;
     
    A) Is the work being performed by the OCONUS contractor under a DoD contract directly awarded to the OCONUS contractor?
     
    B) Is the OCONUS contractor a subcontractor or supplier to a DoD prime contractor.

    2) What is the nature of the export controllled article or item and its "build to print" technical data:

    A) Is the rocket nozzle a "defense article" (as defined in the U.S. Munitions List (USML) in the International Traffic in Arms Regulations (ITAR))?

    B) Is the rocket nozzle a commercial space item controlled by the Commerce Control List (CCL) under the Export Administration Regulations (EAR).

    Depending on the answers to the above questions, these are the alternative courses of action that should be considered from an export control perspective.

    1)A) and 2)A) or 2) B):  Follow the procedures outlined in the DAU ACQuipedia article entitled "Export-Controlled (EC) Controlled Unclassified Information (CUI) Release to Foreign Industry during DoD Contracting."  See URL https://dap.dau.mil/acquipedia/Pages/ArticleManage.aspx?aid=6a9b6f98-d722-4555-b56e-2446ee9ee716 for details.

    1)B) and 2)A):  The DoD prime contractor must apply (or ensure its subcontractor responsible for the award of a supplier arrangement with the OCONUS contractor) for a US Dept of State USML export approval.

    1)B and 2)B):  The DoD prime contractor must comply with the provisions of the CCL and EAR (or ensure that its subcontractor complies with these requirements vis-a-vis its supplier arrangement with the OCONUS contractor) to fulfull its export control obligations regarding Department of Commernce CCL and EAR oversight and approvals.

    For further details, consult your local chain-of-command International Acquisition & Exportability (IA&E) experts or, if none are availalble, SecAF (International Affairs) export control experts.


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