tjsmith1957 Posted October 22, 2020 Report Share Posted October 22, 2020 My company is a wholly owned subsidiary of a Japanese company. I currently have two official secondees, one is CFO and EVP of our company and other person handles strategy and finance things. We have export licenses that allow them to see export controlled material, but have kept them separated from government contracts. Can these individuals review our government contracts? Link to comment Share on other sites More sharing options...
ji20874 Posted October 22, 2020 Report Share Posted October 22, 2020 You really should ask your attorney, based on your Government contracts. The contract terms may control, but things like the International Traffic in Arms Regulation may apply even if the contract is silent. Link to comment Share on other sites More sharing options...
Retreadfed Posted October 22, 2020 Report Share Posted October 22, 2020 tj, the facts of your situation are not clear. Are the two individuals you are asking about American citizens? Link to comment Share on other sites More sharing options...
tjsmith1957 Posted October 22, 2020 Author Report Share Posted October 22, 2020 no they are Japanese citizens Link to comment Share on other sites More sharing options...
Neil Roberts Posted October 22, 2020 Report Share Posted October 22, 2020 Can Japanese citizens review your company's government contracts? It depends on the content included in the contract. Wikipedia summary is as follows: For practical purposes, ITAR regulations dictate that information and material pertaining to defense and military related technologies (items listed on the U.S. Munitions List) may only be shared with U.S. Persons unless authorization from the Department of State is received or a special exemption is used.[3] U.S. Persons (including organizations; see legal personality) can face heavy fines if they have, without authorization or the use of an exemption, provided foreign persons with access to ITAR-protected defense articles, services or technical data.[4] ITAR does not apply to information related to general scientific, mathematical or engineering principles that are commonly taught in schools and colleges or information that is in the public domain.[8]:§ 120.10(5)[8]:§ 120.11 Nor does it apply to general marketing information or basic system descriptions.[8]:§ 120.10(5) Broad interpretations of these exceptions have faced several legal challenges. For example, college professors have been prosecuted for breaches of the AECA as a result of access to USML items by foreign graduate students[9] and companies have been penalized for alleged breaches of the AECA for failing to properly remove USML items from material used to market defense articles.[10] The U.S. Government has also taken action (albeit unsuccessfully) for the export of technical data that was allegedly already publicly available on the Internet.[11][12][13][14] Link to comment Share on other sites More sharing options...
joel hoffman Posted October 23, 2020 Report Share Posted October 23, 2020 (edited) Deleted - the contracts concern export controlled materials. Edited October 23, 2020 by joel hoffman Link to comment Share on other sites More sharing options...
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