Is the technical data produced by a Non-U.S. organization, that is associated with a U.S. export controlled item, also export controlled?

This can be a difficult question and here is why. Data produced by a Non-U.S. organization is not export controlled under U.S. export regulations. The unique part of this is that you can not produce export controlled technical data of a U.S. system and say that it is not export controlled under U.S. regulations. For example, you can not take a U.S. export controlled component to a test bench, produce performance data for that component, then distribute it as uncontrolled technical data. The data reflects the performance of a U.S. export controlled item so it must now be export controlled just as you would the component itself.

If the data is no longer directly associated with U.S. export controlled component then the U.S. has no jurisdiction. For example, if a U.S. export controlled component is integrated into a larger system and the Non-U.S. organization produces data then the new, unrelated data, is not export controlled under U.S. export regulations.