shall certify by written declaration submitted in duplicate in a form acceptable to the collectors of customs that (1) the aircraft will not be disposed of; (2) the aircraft will be returned to the United States within six months; (3) it will be operated only by a U. S. licensed pilot, except on demonstration flights; and (4) it will remain under U. S. registry while abroad. The provisions of § 126.2 of this chapter shall apply to such a written declaration.

(c) When a written declaration setting forth an intention to comply with the above provisions is accepted by a customs officer at the port of departure, he shall endorse it, return it to the owner or operator prior to the departure of the aircraft, and retain a copy for his records. Upon the return of the aircraft to the United States, the endorsed copy of the declaration must be surrendered to the collector of customs at the port of entry. If the port of entry is not the same as that from which the aircraft departed, the customs officer at the port of entry shall forward the surrendered copy of the declaration to the customs authorities at the port from which the aircraft originally departed, noting thereon the date of entry.

(d) Collectors of customs may permit an aircraft to make a series of flights to and from the United States under a temporary sojourn authorization not to exceed six months, provided a written declaration in duplicate is submitted to and endorsed by a customs officer certifying that the conditions set forth in paragraph (b) of this section will be observed. The provisions of § 126.2 of this chapter shall also apply to such a written declaration. A copy of the declaration shall be retained by the customs officer endorsing the original. In the case of an aircraft making a series of flights over a six months' period, the endorsed declaration shall be carried on the aircraft as evidence of the fact that the required permission has been granted. At the end of the six-month period, the declaration shall be surrendered to the customs office which granted the permission.

(e) If, at the end of the six-month period, a temporary sojourn permit remains outstanding, the collector of customs at the port of exit should submit the matter to the Customs Agency Service for investigation.

(f) The collector of customs at the port of departure is authorized in appropriate instances, to grant one six-month extension in temporary sojourn cases. Requests for extensions beyond a year should be referred to the Department of State for comment.

MISCELLANEOUS EXEMPTIONS

§ 123.71 Articles returned to the United States for repair or overhaul and re-export. (a) Collectors of customs are authorized on presentation of satisfactory evidence to permit the entry into the United States without an import license of arms, ammunition, and implements of war which have been legally exported from the United States and which are being returned to the United States for repair and re-export to the country of origin (subject to the provisions of § 123.22. An individual export license, however, is required before such articles may be re-exported; for civil aircraft, see paragraph (b) of this section.

(b) The re-export of civil aircraft returned for repair is subject to the requirement of an export license only when it has undergone a major overhaul or when major components were installed therein during its stay in the United States. Major components of aircraft are defined in § 121.6 of this chapter.

§ 123.72 Certain helium gas exports. Collectors of customs are authorized to permit the export without a license of miniature cylinders containing helium gas in fractional cubic foot quantities mixed with other gases, provided:

(a) The gas is destined for medical use;

(b) The shipment to any consignee does not exceed ten cubic feet of "contained helium", as defined in § 121.7 of this chapter;

(c) The ultimate destination is not a country named in § 123.22; and

(d) The company has arranged to furnish the Department of State with periodic reports of such shipments.

MISCELLANEOUS PROVISIONS

§ 123.81 Articles manufactured with Government-owned equipment. It is the responsibility of the exporter of United States Munitions List articles to obtain the advance approval of the appropriate defense agency for the exportation of articles manufactured with equipment

owned by the United States Government. If the exporter has failed to obtain such approval prior to the submission of an application for license to export, he must indicate this fact on his application for license to export.

§ 123.82 National Firearms Act; Federal Firearms Act; Federal Explosives Act. (a) The provisions of this subchapter shall be considered as binding in addition to and not in lieu of those established under the provisions of the National Firearms Act, approved by the President June 26, 1934, as amended, now known as ch. 53, Internal Revenue Code of 1954 (26 U. S. C. 5801-5862); under the provisions of the Federal Firearms Act, approved by the President June 30, 1958 (52 Stat. 1250; 15 U. S. C. sections 901909), as amended March 10, 1947 (61 Stat. 11), August 6, 1939 (53 Stat. 1222), and February 7, 1950 (64 Stat. 3); and under the provisions of the Federal Explosives Act, approved by the President October 6, 1917 (40 Stat. 385; 50 U. S. C. ch. 8), as amended December 26, 1941 (55 Stat. 863; 50 U. S. C. ch. 8).

(b) The National Firearms Act imposes certain taxes upon manufacturers, importers, and dealers in certain firearms; taxes upon the making of certain firearms, and taxes on transfers of certain firearms. The term "firearm", as used in this act, includes "a shotgun or rifle having a barrel of less than eighteen inches in length, or any other weapon, except a pistol or revolver, from which a shot is discharged by an explosive if such weapon is capable of being concealed on the person, or a machine gun, and includes a muffler or silencer for any firearms whether or not such firearm is included within the foregoing definition, but does not include any rifle which is within the foregoing provisions solely by reason of the length of its barrel if the caliber of such rifle is .22 or smaller and if its barrel is sixteen inches or more in length."

(c) The Federal Firearms Act applies to manufacturers and dealers who are engaged in interstate or foreign commerce in firearms and ammunition. The term "firearm", as used in this Act, means "any weapon, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosive and a firearm muffler or firearm silencer, or any part or parts of such weapon"; and the term "ammunition" includes "all pistol or revolver ammuni

tion. It shall not include shotgun shells, 'metallic ammunition suitable for use only in rifles, or any .22 caliber rim fire ammunition."

(d) The Federal Explosives Act is applicable to the manufacture, distribution, storage, use, and possession of explosives in time of war. The term "explosives", as used in this Act, means "gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, and any chemical compounds or mechanical mixture that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound or mixture or any part thereof may cause an explosion."

(e) Rules and regulations for the enforcement of the National Firearms Act and Federal Firearms Act are prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury. Rules and regulations for the enforcement of the Federal Explosives Act are prescribed by the Director of the Bureau of Mines, Department of the Interior.

States Munitions List do not constitute authorization for the exportation without a license of technical data relating to such articles unless the Department of State has indicated in writing that it has no objection to the agreement. (See, however, § 125.26 of this chapter.) In order to be eligible for any special exemptions provided by the regulations with respect to such agreements, persons or firms desiring to enter into agreements of this kind are advised to communicate with the Secretary of State at the inception of preliminary negotiations. In any case, negotiations should not be concluded until the matter has been reviewed by the Department of State.

§ 124.2 Technical service and assistance agreements. Agreements entered into between persons or companies resident in the United States and persons or companies resident abroad for the servicing abroad of equipment manufactured in the United States or for the furnishing of technical assistance relating to articles designated as arms, ammunition, and implements of war or for the sale of such articles do not constitute authorization for the exportation without a license of technical data relating thereto unless the Department has indicated in writing that it has no objection. (See, however, § 125.26 of this chapter.) In order to take full advantage of any special provisions set forth in the regulations with respect to such agreements, persons or firms desiring to enter into agreements of this kind are advised to communicate with the Secretary of State at the inception of preliminary negotiations, and negotiations should not be concluded until the matter has been reviewed by the Department of State.

§ 124.3 Required provisions in agreements. (a) Proposed technical assistance or manufacturing license agreements which may involve the transfer or interchange of technical data (see § 121.9) should set out in detail the terms and conditions of such transfer or interchange and define in precise terms the following:

(b) Licensing agreements will be written in such a way that (1) the licensor may not include as a cost factor to the licensee a charge for technical data furnished or developed at the expense of the United States Government, (2) the licensee may not include as a cost factor in the sale of articles produced under the agreement a charge for technical data furnished or developed at the expense of the United States Government, and (3) new designs, processes or manufacturing techniques derived from such data will be made available on an unrestricted basis to the United States Government at reasonable cost by the licensee.

[22 F. R. 10880, Dec. 27, 1957, as amended by Dept. Reg. 108.354, 22 F. R. 11024, Dec. 31, 1957]

(1) The equipment and technology involved.

125.22

(2) The scope of the information to be furnished.

125.23

(3) The period of duration of the agreement.

EXEMPTIONS

EXPORTATION OF TECHNICAL DATA

§ 125.1 General. Written approval by the Department of State is required in all cases for the exportation of unclassified technical data to any of the destinations referred to in § 125.42 (see also §§ 121.8 and 121.10 of this chapter).

§ 125.2 Special exceptions. (a) Written approval by the Department of State is also required for the exportation of such data to all other destinations except when otherwise exempted by §§ 125.5 to 125.52 or when it is in published form and:

(1) Sold at newsstands or bookstores; (2) Available by subscription or purchase to any individual without restriction;

(3) Granted second class mailing privilege by the United States Government;

or

(4) Consists of unclassified informational media on aviation equipment freely available at symposia attended by the general public, provided such releases have ben approved by the United States Government.

§ 125.3 Written approval. The written approval may take the form of a Department of State license or letter. An application form (Form DSP-5) should be used if Customs clearance is required. The request for a written approval whether by letter or application must be submitted in triplicate.

$ 125.4 Classified information. Classified military information, including classified technical data, may only be transferred or exported on a government-to-government basis or under other procedures established by the agency. cognizant military Should in any

classified data be involved proposed commercial transaction, the matter must be taken up with the Department of State by letter. Such a letter should contain full details of the proposed transaction and be accompanied by additional documents to assist in the consideration of the proposal. The letter and documents submitted for this purpose should be in triplicate.

§ 125.5 Shipment by or to the United States Government. The exportation of technical data relating to arms, ammunition, and implements of war by a defense agency of the United States Government is not subject to the provisions of section 414 of the Mutual Security Act of 1954. A written approval or an export license is not required when the United States Government or an agency thereof is the consignee unless a private individual or firm is involved in the shipping or mailing procedures.

$ 125.11 data.

SPECIAL PROVISIONS

Importation of technical No written approval is required for technical data imports.

§ 125.12 Canadian shipments. Collectors of customs or postal authorities may permit unclassified technical data to be exported to Canada without the presentation of written approval or release certificate.

§ 125.13 Exportation of technical data with patent applications. The exportation of technical data relating to arms, ammunition and implements of war with any patent application for foreign patents is subject to the jurisdiction of the Secretary of State. A Department of State written approval or export license is required for the exportation of unclassified technical data included as part of or with an application for a foreign patent. The written approval of the Secretary of State is in addition to the specific licensing requirement of the Patent Office during the first six months after the filing of the application with that office. If the subject matter is covered by a secrecy order, the provisions of § 125.4 are applicable.

EXEMPTIONS

§ 125.21 Unclassified technical data relating to sales bulletins, operational manuals, etc. (a) Collectors of customs or postal authorities may permit the exportation without written approval to any destination other than those listed in § 125.42 of unclassified technical data in the form of sales bulletins, operational, maintenance and sales promotion manuals which relate to equipment previously approved for commercial export.

(b) Collectors of Customs or postal authorities may permit the exportation without a new written approval or license to any destination other than those listed in § 125.42 of unclassified technical data in the form of sales bulletins, operational maintenance and sales promotion manuals previously approved for export to those destinations.

§ 125.22 Unclassified technical data relating to civil aircraft equipment. Collectors of Customs or postal authorities may permit the exportation without a license (subject to the provisions of § 125.41) of unclassified technical data relating to civil aircraft in the form of sales brochures, sales promotion manuals, and publications except when advanced plans, performance data, designs, processes and manufacturing techniques are included.

§ 125.23 Unclassified technical data on small arms and ammunition. Collectors of customs or postal authorities may permit the exportation without written approval (subject to the provisions of §§ 125.41 to 125.47) of unclassified technical data relating to small arms and machine guns not in excess of caliber .50 and ammunition for such weapons except unclassified technical data containing advanced design, processes and manufacturing techniques.

§ 125.24 Technical data imported from abroad. Collectors of customs or postal authorities are authorized to permit exportation without written approval of unclassified technical data which has been imported from abroad and is being returned to the country of origin.

§ 125.25 Contracts with other Government agencies. Collectors of customs or postal authorities may permit the exportation of unclassified technical data without written approval when such shipment is directly in furtherance of a contract with an agency of the United States Government or a contract be

tween an agency of the United States Government and a foreign manufacturer or other foreign entity, provided the contract specifically calls for transmission of relevant technical data.

§ 125.26 Special licensing agreements. (a) Collectors of customs or postal authorities may permit exportation without specific Department of State written approval or license of unclassified technical data being exported directly in furtherance of a licensing agreement, covering specific items, which has been submitted to the Department of State for review and to which the Department of State has, in writing, expressed no objection, unless a new design, process or manufacturing technique is involved.

(b) Collectors of customs and postal authorities may permit the exportation without specific Department of State written approval or license of unclassified technical data being exported directly in furtherance of a licensing agreement covering specific items effective prior to February 1, 1954, whether or not previously submitted to the Department of State, unless a new design, process or manufacturing technique is involved.

§ 125.27 Written approval. Collectors of Customs or postal authorities may release for export unclassified technical data relating to arms, ammunition and implements of war when covered by a letter of approval from the Department of State.

STATEMENTS AND CERTIFICATIONS

§ 125.41 Certification requirement. If the exporter wishes to claim the benefit of an exemption from the requirement for a specific written approval in accordance with the provisions of §§ 125.21 to 125.27, he is required to certify that he has complied with the conditions set forth in §§ 125.42 to 125.48. He may so certify by marking the package or letter "22 CFR 125.41 complied with."

§ 125.42 Destination. Under any of the exemptions provided in this part the exporter must certify that the technical data is not intended for the Soviet Union, Soviet bloc countries, Communist China, North Korea, and that part of Viet-Nam which lies north of the 17th parallel and any of the territories of free Viet-Nam or Laos which are under de facto control of the Communists, or any other area that may come under Communist con