Sec.

PART 126-VIOLATIONS AND PENALTIES

126.01 Violations in general.

126.02 Misrepresentation and concealment of facts.

126.03 126.04 Authority of Collectors of Customs. 126.05 Seizure and forfeiture.

Penalties for violations.

AUTHORITY: The provisions of this Part 126 issued under sec. 414, as amended, 68 Stat. 848; 22 U.S.C. 1934, sec. 103, E.O. 10575, 19 F.R. 7252, 3 CFR, 1954-1958 Comp.

SOURCE: The provisions of this Part 126 contained in Departmental Regulation 108.425, 25 F.R. 1828, Mar. 2, 1960, unless otherwise noted.

§ 126.01 Violations in general.

It shall be unlawful for any person to export or attempt to export from the United States any of those articles designated by the United States Munitions List as arms, ammunition, and implements of war or to import or attempt to import such articles into the United States without first having obtained a license therefor unless a written approval was obtained from the Department of State or an exemption from this requirement is authorized by this subchapter.

(a) It shall be unlawful under these regulations willfully to use for the purpose of exportation or importation of U.S. Munitions List articles any export or import control document which makes a false statement or misrepresents or conceals material facts. Any such false statement, representation or concealment in such a document so used for such purpose shall be considered as made in a matter within the jurisdiction of an Agency of the United States in violation of section 1001 of title 18, United States Code and Section 414 of the Mutual Security Act (22 U.S.C. 1934).

(b) For the purpose of this section, the term export or import control document shall include the following when used for the purpose of exportation of United States Munitions List articles:

(1) Applications for import, export, or intransit license to the Department of State and supporting documents.

(2) Shipper's export declarations. (3) Invoices.

(4) Declaration of destinations. (5) Delivery verification.

(6) Request for certificate of temporary sojourn.

§ 126.03 Penalties for violations.

Any person who willfully violates any provision of Section 414 of the Mutual Security Act of 1954, 22 U.S.C. 1934, as amended, or any rule or regulation issued under that section or who willfully, in a registration, license application, or written request makes any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading, shall upon conviction be fined not more than $25,000 or imprisoned not more than two years, or both.

§ 126.04 Authority of Collectors of Customs.

(a) Collectors of Customs are authorized to take appropriate action to insure observers of this subchapter as to the importation, or attempt to import, or to the exportation, or attempt to export, arms, ammunition, and implements of war, including technical data relating thereto, whether or not authorized by the licenses or written approval issued under this subchapter, including but not limited to inspection and loading or unloading of carriers.

(b) When a license or written approval is presented to a Collector of Customs authorizing the exportation or importation, of arms, ammunition, and implements of war, together with such other documents as may be required by customs regulations, the collector may require the production of other documents and information relating to the proposed exportation or importation, including invoices, orders, packing lists, shipping documents, correspondence, instructions, and other relevant information and documents.

required authorization of the Secretary of State for overflight of United States territory (see § 127.01). Requests for authorization to visit a military installation should be made to the defense agency concerned as far in advance as possible and no later than 72 hours before the arrival date. It should contain information outlined in § 127.03.

§ 127.03 Required information.

In regard to the information required in connection with §§ 127.01 and 127.02, foreign governments requesting permission for military aircraft to overfly and land should support the request with the following information:

(a) The purpose of the flight; (b) The type and identity of the aircraft;

(c) Names and nationality of crew; (d) Names and nationality of passengers;

(e) Dates of arrival and departure at each point;

(f) Special services and facilities desired.

§ 127.04 Reciprocal arrangements.

Reciprocal arrangements have been entered into with certain countries concerning military flights. Such arrangements have the effect of modifying or eliminating the necessity of obtaining prior clearances under the conditions set forth in the agreements.