Defense Services

The International Traffic in Arms Regulations (ITAR) regulates the training of foreign military units and forces by U.S. persons.  Such activities are known as “Defense Services.”

Faculty are advised to use caution if approached by a member of a foreign military unit with a request for training or aid, whether formal or informal.  Such assistance could come in the form of correspondence courses, technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice.

It is important to note that even information residing in the public domain, including the results of fundamental research, would fall under the definition of Defense Service if used to provide training or aid to a foreign military unit or personnel. 

ORI should be consulted prior to engaging in such activities.  ORI will help determine if the proposed activities are considered Defense Services, requiring a license, or whether there are any exemptions available.  

 

Example 1:  The British Navy has taken an interest in your study of underwater sensors.  They’ve invited you to serve as a technical consultant in London, where you will be solving issues with direct applications to their submarines. 

Aside from a high potential that you may need to export ITAR-controlled technical data to use during your work overseas, such activity alone would qualify as a Defense Service.  A Technical Assistance Agreement (TAA) would need to be issued by the State Department to authorize this work. 

Example 2: You are a Professor of Political Science and International Relations and an expert on modern conflicts. You have recently published several articles on modern conflicts and unconventional warfare. You receive an invitation from the Turkish Military Academy in Istanbul to give a talk on this subject. As part of the invitation, you will also be meeting with several high level Turkish army officers for an informal Q &A session.

While the talk at the Military Academy is likely not considered a Defense Service if you deliver your "standard academic talk", the Q & A session, where you answer specific questions from high ranking army personnel, will constitute a Defense Service. 

Example 3:  An officer in the French Army is taking your advanced course on metamaterials.  Your course is not designed to teach anything beyond the general concepts common to your field.  No specific end-use for the materials in your course is taught either.  The officer in question wants to schedule time to meet outside of class to discuss specific issues he is having in his military role. 

Since the information disclosed during the teaching of your class is not specific to a military application you would not be engaging in a Defense Service by merely having this individual in your class.  However, answering his or her specific military-related questions (whether formally or informally) will constitute a Defense Service.