Under ITAR (Part 125), technical data includes information which is required for the design development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles; classified information relating to defense articles and defense services; information covered by an invention secrecy order; and software directly related to defense articles. It does not include basic marketing information on function or purpose or general system descriptions.

Under EAR (Section 772.1 and 774 Supplement No. 2), technology includes specific information necessary for the development, production or use of a product. The information takes the form of "technical data" or "technical assistance".

Under both EAR and ITAR, transferring information ("technical data" or "technology"), a physical item or a computer program to a foreign country is an "export" which may be subject to export controls. This includes making technical data and computer software available over the Internet.

Please note:  A Technology Control Plan (TCP) may be required in order to prevent unauthorized exportation of protected items, products, information, or technology deemed to be sensitive to national security or economic interests.  Please contact the appropriate UNM Export Controls Office for more information.

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