[Code of Federal Regulations] [Title 32, Volume 2] [Revised as of July 1, 2008] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR250.8] [Page 591-592] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) PART 250_WITHHOLDING OF UNCLASSIFIED TECHNICAL DATA FROM PUBLIC DISCLOSURE-- Sec. 250.8 Pertinent portions of International Traffic in Arms Regulations (ITAR). The following pertinent section of the ITAR is provided for the guidance of DoD personnel in determining the releasibility of technical data under the authority of this part. International Traffic in Arms Regulations 22 CFR 125.11 General Exemptions (a) Except as provided in Sec. 26.01, district directors of customs and postal authorities are authorized to permit the export without a license of unclassified technical data as follows: (1) If it is in published \4\ form and subject to public dissemination by being: --------------------------------------------------------------------------- \4\ The burden for obtaining appropriate U.S. Government approval for the publication of technical data falling within the definition in Sec. 125.01, including such data as may be developed under other than U.S. Government contract, is on the person or company seeking publication. --------------------------------------------------------------------------- (i) Sold at newsstands and bookstores; (ii) Available by subscription or purchase without restrictions to any person or available without cost to any person; (iii) Granted second class mailing privileges by the U.S. Government; or (iv) Freely available at public libraries. (2) If it has been approved for public release by any U.S. Government department or agency having authority to classify information or material under Executive Order [12356], as amended, and other applicable Executive Orders, and does not disclose the details of design, production, or manufacturing of any arms, ammunition, or implements of war on the U.S. Munitions List. (3) If the export is in furtherance of a manufacturing license or technical assistance agreement approved by the Department of State in accordance with part 124 of this chapter. (4) If the export is in furtherance of a contract with an agency of the U.S. Government or a contract between an agency of the U.S. Government and foreign persons, provided the contract calls for the export of relevant unclassified technical data, and such data are being exported only by the prime contractor. Such data shall not disclose the details of development, engineering, design, production, or manufacture of any arms, ammunition, or implements of war on the U.S. Munitions List. (This exemption does not permit the prime contractor to enter into subsidiary technical assistance or manufacturing license agreements, or any arrangement which calls for the exportation of technical data without compliance with part 124 of this subchapter.) (5) If it relates to firearms not in excess of caliber .50 and ammunition for such weapons, except technical data containing advanced designs, processes, and munufacturing techniques. (6) If it consists of technical data, other than design, development, or production information relating to equipment, the export of which has been previously authorized to the same recipient. (7) If it consists of operations, maintenance and training manuals, and aids relating to equipment, the export of which has been authorized to the same recipient.\5\ --------------------------------------------------------------------------- \5\ Not applicable to technical data relating to Category VI(d) and Category XVI. --------------------------------------------------------------------------- (8) If it consists of additional copies of technical data previously approved for export to the same recipient; or if it consists of revised copies of technical data, provided it pertains to the identical Munitions List article, and the revisions are solely editorial and do not add to the content of technology previously approved for export to the same recipient. (9) If it consists solely of technical data being reexported to the original source of import. (10) If the export is by the prime contractor in direct support and within the technical and/or product limitations of a ``U.S. Government approved project'' and the prime contractor so certifies. The Office of Munitions Control, Department of State, will verify, upon request, those projects which are ``U.S. Government approved,'' and accord an exemption to the applicant who applies for such verification and exemption, where appropriate, under this subparagraph.\6\ --------------------------------------------------------------------------- \6\ Classified information may also be transmitted in direct support of and within the technical and/or product limitation of such verified U.S. Government approved projects without prior Department of State approval provided the U.S. party so certifies and complies with the requirements of the Department of Defense Industrial Security Manual relating to the transmission of such classified information (and any other requirements of cognizant U.S. Government departments or agencies). --------------------------------------------------------------------------- [[Page 592]] (11) If the export is solely for the use of American citizen employees of U.S. firms provided the U.S. firm certifies its overseas employee is a U.S. citizen and has a ``need to know.'' \7\ --------------------------------------------------------------------------- \7\ Classified information may also be exported to such certified American citizen employees without prior Department of State approval provided the U.S. party complies with the requirements of the Department of Defense Industrial Security Manual relating to the transmission of such classified information (and any other requirements of cognizant U.S. Government departments or agencies). Such technical data or information (classified or unclassified) shall not be released by oral, visual, or documentary means to any foreign person. --------------------------------------------------------------------------- (12) If the export is directly related to classified information, the export of which has been previously authorized to the same recipient, and does not disclose the details of design, production, or manufacture of any arms, ammunition, or implements of war on the U.S. Munitions List. (b) Plant visits. Except as restricted by the provisions of Sec. 126.01 of this subchapter: (1) No license shall be required for the oral and visual disclosure of unclassified technical data during the course of a plant visit by foreign nationals provided the data [are] disclosed in connection with a classified plant visit or the visit has the approval of a U.S. Government agency having authority for the classification of information or material under Executive Order [12356], as amended, and other applicable Executive Orders, and the requirements of section V, paragraph [41(d)] of the Industrial Security Manual are met. (2) No license shall be required for the documentary disclosure of unclassified technical data during the course of a plant visit by foreign nationals provided the document does not contain technical data as defined in Sec. 125.01 in excess of that released orally or visually during the visit, is within the terms of the approved visit request, and the person in the United States assures that the technical data will not be used, adopted for use, or disclosed to others for the purpose of manufacture or production without the prior approval of the Department of State in accordance with part 124 of this subchapter. (3) No Department of State approval is required for the disclosure of oral and visual classified information during the course of a plant visit by foreign nationals provided the visit has been approved by the cognizant U.S. Defense agency and the requirements of section V, paragraph [41(d)] of the Defense Industrial Security Manual are met.