[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR120.1]

[Page 421-422]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 120_PURPOSE AND DEFINITIONS--Table of Contents
 
Sec. 120.1  General authorities and eligibility.




Sec.
120.1 General authorities and eligibility.
120.2 Designation of defense articles and defense services.
120.3 Policy on designating and determining defense articles and 
          services.
120.4 Commodity jurisdiction.
120.5 Relation to regulations of other agencies.
120.6 Defense article.
120.7 Significant military equipment.
120.8 Major defense equipment.
120.9 Defense service.
120.10 Technical data.
120.11 Public domain.
120.12 Office of Defense Trade Controls.
120.13 United States.
120.14 Person.
120.15 U.S. person.
120.16 Foreign person.
120.17 Export.
120.18 Temporary import.
120.19 Reexport or retransfer.
120.20 License.
120.21 Manufacturing license agreement.
120.22 Technical assistance agreement.
120.23 Distribution agreement.
120.24 District Director of Customs.
120.25 Empowered Official.
120.26 Presiding Official.
120.27 U.S. criminal statutes.
120.28 Listing of forms referred to in this subchapter.
120.29 Missile Technology Control Regime.
120.30 The Automated Export System (AES).

    Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2778, 2797); 22 U.S.C. 2794; E.O. 11958, 42 FR 4311, 3 CFR, 
1977 Comp. p. 79; 22 U.S.C. 2658; Pub. L. 105-261, 112 Stat. 1920.

    Source: 58 FR 39283, July 22, 1993, unless otherwise noted.


    (a) Section 38 of the Arms Export Control Act (22 U.S.C. 2778) 
authorizes the President to control the export and import of defense 
articles and defense services. The statutory authority of the President 
to promulgate regulations with respect to exports of defense articles 
and defense services was delegated to the Secretary of State by 
Executive Order 11958, as amended. This subchapter implements that 
authority. By virtue of delegations of authority by the Secretary of 
State, these regulations are primarily administered by the Deputy 
Assistant Secretary for Defense Trade Controls and Managing Director of 
Defense Trade Controls, Bureau of Political-Military Affairs.
    (b)(1) Authorized officials. All authorities conferred upon the 
Deputy Assistant Secretary for Defense Trade Controls or the Managing 
Director of Defense Trade Controls by this subchapter may be exercised 
at any time by the Under Secretary of State for Arms Control and 
International Security or the Assistant Secretary of State for 
Political-Military Affairs unless the Legal Adviser or the Assistant 
Legal Adviser for Political-Military Affairs of the Department of State 
determines that any specific exercise of this authority under this 
paragraph may be inappropriate.
    (2) In the Bureau of Political-Military Affairs, there is a Deputy 
Assistant Secretary for Defense Trade Controls (DAS--Defense Trade 
Controls) and a Managing Director of Defense Trade Controls (MD--Defense 
Trade Controls). The DAS--Defense Trade Controls and the MD--Defense 
Trade Controls are responsible for exercising the authorities conferred 
under this subchapter. The DAS--Defense Trade Controls is responsible 
for oversight of the defense trade controls function. The MD--Defense 
Trade Controls is responsible for the Directorate of Defense Trade 
Controls, which oversees the subordinate offices described in paragraph 
(b)(2)(i) of this section.
    (i) All references to the Office of Defense Trade Controls and the 
Director of the Office of Defense Trade Controls contained in the 
International Traffic in Arms Regulations (ITAR) shall be deemed to be 
references to:

[[Page 422]]

    (A) The Office of Defense Trade Controls Management and the 
Director, Office of Defense Trade Controls Management, respectively, 
insofar as such references relate to management of defense trade 
controls operations; to include the exercise of general authorities in 
this part 120 and the design, development, and refinement of processes, 
activities, and functional tools for the export licensing regime and to 
effect export compliance/enforcement activities;
    (B) The Office of Defense Trade Controls Licensing and the Director, 
Office of Defense Trade Controls Licensing, respectively, insofar as 
such references relate to licensing or other authorization of defense 
trade, including references under parts 123, 124, 125, 126, 129 and 130 
of this subchapter, and the commodity jurisdiction procedure under this 
part 120;
    (C) The Office of Defense Trade Controls Compliance and the 
Director, Office of Defense Trade Controls Compliance, respectively, 
insofar as such references relate to violations of law or regulation and 
compliance therewith, including references contained in parts 127, 128 
and 130, of this subchapter, and including references under part 122 of 
this subchapter, and that portion under part 129 of this subchapter 
pertaining to registration;
    (D) The Office of Defense Trade Controls Policy and the Director, 
Office of Defense Trade Controls Policy, respectively, insofar as such 
references relate to the general policies of defense trade, including 
references under this part 120 and part 126 of this subchapter.
    (ii) Further amendments to the ITAR will be promulgated to reflect 
the specific changes as a result of this realignment.
    (c) Eligibility. Only U.S. persons (as defined in Sec. 120.15) and 
foreign governmental entities in the United States may be granted 
licenses or other approvals (other than retransfer approvals sought 
pursuant to this subchapter). Foreign persons (as defined in Sec. 
120.16) other than governments are not eligible. U.S. persons who have 
been convicted of violating the criminal statutes enumerated in Sec. 
120.27, who have been debarred pursuant to part 127 or 128 of this 
subchapter, who are the subject of an indictment involving the criminal 
statutes enumerated in Sec. 120.27, who are ineligible to contract 
with, or to receive a license or other form of authorization to import 
defense articles or defense services from any agency of the U.S. 
Government, who are ineligible to receive export licenses (or other 
forms of authorization to export) from any agency of the U.S. 
Government, who are subject to Department of State Suspension/Revocation 
under Sec. 126.7 (a)(1)-(a)(7) of this subchapter, or who are 
ineligible under Sec. 127.6(c) of this subchapter are generally 
ineligible. Applications for licenses or other approvals will be 
considered only if the applicant has registered with the Office of 
Defense Trade Controls pursuant to part 122 of this subchapter. All 
applications and requests for approval must be signed by a U.S. person 
who has been empowered by the registrant to sign such documents.
    (d) The exemptions provided in this subchapter do not apply to 
transactions in which the exporter or any party to the export (as 
defined in Sec. 126.7(e) of this subchapter) is generally ineligible as 
set forth above in paragraph (c) of this section, unless an exception 
has been granted pursuant to Sec. 126.7(c) of this subchapter.

[58 FR 39283, July 22, 1993, as amended at 68 FR 7417, Feb. 14, 2003; 68 
FR 51171, Aug. 26, 2003; 68 FR 57352, Oct. 3, 2003]