ITAR compliance is agreeably difficult, and exemptions are not “exempt” from this conundrum. Take, for example, the export of defense articles and technical data. When you export articles and technical data to support that article, they are considered completely separate items and require a separate authorization under the ITAR regulations.
This rule is a bit contradictory to common sense, but it is a rule nonetheless. It would seem that if you are exporting an item, and there is an applicable ITAR exemption, that exemption would suffice for both the item and the technical data related to that item. However, this is not the case. Unfortunately, a defense article, and any technical data related to that article, actually require a separate license exemption (or export authorization), if you’re exporting both an item and any technical data in support of that item. This is also true of any ITAR license. If you’re exporting both an article and technical data about the item, you’ll need to list both on the license application (and get it approved by DDTC before you export either).
Exemptions of general applicability for items fall under §123.16 of the ITAR, and general exemptions for technical data fall under §125.4. So, remember when you’re exporting articles with technical data, you must find an applicable exemption for both the item and the data.
If there’s no applicable exemption for both, then an export license will be required. When it comes to ITAR compliance, you can’t always kill two birds with one stone!