trol. Certification as to these facts may be made in accordance with the provisions of § 125.41.

§ 125.43 Sales bulletins, etc. Under the exemption provided by § 125.21 the exporter must certify that the exportation consists of unclassified sales bulletins, operational, maintenance and sales promotion manuals which relate to equipment previously approved for commercial export or have been previously approved for export to these destinations. Upon certifying as to these facts and complying with the provisions of § 125.41, the exporter may be exempted from the requirement that he present a written approval from the Department of State.

§ 125.44 Aircraft and small arms. Under the exemptions provided by §§ 125.22 and 125.23 the exporter must certify that the sales literature being exported contains no advanced plans, performance data, designs, processes, manufacturing techniques or specifications. Certification as to these facts may be made in accordance with the provisions of § 125.41.

§ 125.45 Imports. Under the exemption provided by § 125.24 the exporter must certify that the technical data being exported was imported from abroad and is being returned to the country of origin. Certifications as to these facts may be made in accordance with the provisions of § 125.41.

§ 125.46 Government contracts. Under the exemption provided by § 125.25 the exporter must certify that the technical data is being shipped directly in furtherance of a contract with an agency of the United States Government or a contract between an agency of the United States Government and a foreign manufacturer. Certification as to these facts may be made in accordance with the provisions of § 125.41.

§ 125.47 Licensing agreements. Under the exemption provided by § 125.26 the exporter must certify that the technical data is being shipped directly in furtherance of a licensing agreement to which the Department of State has, in writing, expressed no objection and which does not pertain to a more recent design, process or manufacturing technique. Certification as to these facts may be made in accordance with the provisions of § 125.41.

§ 125.48 Written approval. Under the exemption provided by § 125.27 the exporter must certify that he has a letter of approval from the Department of State by marking the letter or package as set forth in § 125.41.

MAILING AND SHIPPING PROCEDURES

§ 125.51 Presentation of license. If written approval is required in connection with the exportation of technical data, such written approval must be presented to the customs or post office at the time of mailing or shipping.

§ 125.52 Certification. If the exemptive provisions apply, the exporter may comply with the special requirements as to certification by plainly marking the package or envelope "22 CFR 125.41 complied with". This would mean that he certified that one of the exemptions referred to in § 125.41 applies and that he has complied with the conditions set forth therein.

Sec.

126.1

126.2

126.3 126.4

Part 126-Violations and Penalties

Violations in general.

Penalties for violation.

Authority of collectors of customs.
Seizure and forfeiture.

AUTHORITY: §§ 126.1 to 126.4 issued under sec. 414, 68 Stat. 848; 22 U. S. C. 1934, sec. 103, E. O. 10575, 19 F. R. 7252, 3 CFR 1954 Supp. Statutory provisions interpreted or applied are cited to text in parentheses.

SOURCE: $126.1 to 126.4 appear at 22 F. R. 10882, Dec. 27, 1957.

§ 126.1 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 or regulations 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 an exemption from this requirement authorized by this part.

is

§ 126.2 Penalties for violation. Any person who willfully violates any provision of section 414 of the Mutual Security Act of 1954 or any rule or regulation issued under that section, or who willfully, in a registration or license application, 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.

§ 126.3 Authority of collectors of customs. (a) Collectors of customs are authorized to take appropriate action to insure observance of this part as to the importation, or attempt to import, or exportation, or attempt to export, arms, ammunition, and implements of war, whether or not authorized by the licenses issued under this part, including but not limited to inspection and loading or unloading from carriers.

(b) When a license 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. (Sec. 1, 40 Stat. 223, as amended, R. S. 3062, as amended, secs. 510-512, 595, 46 Stat. 733, 734, 752, sec. 1, 62 Stat. 716; 22 U. S. C. 401, 19 U. S. C. 483, 1510-1512, 1595, 18 U. S. C. 545)

§ 126.4 Seizure and forfeiture. Whenever an attempt is made to import, or bring into the United States, or to export, or ship from, or take out of the United States, any arms, ammunition, and implements of war, in violation of law, the several collectors of customs may seize and detain any such arms, ammunition, and implements of war, and the vessel or vehicle containing the same, and retain possession thereof until released or disposed of as directed by law.

(Sec. 1, 40 Stat. 223, as amended, R. S. 3062, as amended, sec. 1, 62 Stat. 716; 22 U. S. C. 401, 19 U. S. C. 483, 18 U. S. C. 545)

§ 127.1 Foreign military flight clearances. Foreign governments desiring to overfly or land on United States territory are required to obtain written authorization to do so in advance from the Department of State. Such a request normally is made by the appropriate foreign government embassy in Washington in the form of a diplomatic note. The request should reach the Department no later than 72 hours before the overflight is to take place.

[Dept. Reg. 108.354, 22 F. R. 11024, Dec. 31, 1957]

§ 127.2 Use of military installations. Requests by foreign governments for authorization to land their military aircraft at United States military installations should have the approval of the defense agency owning or leasing the military installations in addition to the required authorization of the Secretary of State for overflight of United States territory (See § 127.1). 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 § 127.3.

[Dept. Reg. 108.354, 22 F. R. 11024, Dec. 31, 1957]

§ 127.3 Required Information. In regard to the information required in connection with §§ 127.1 and 127.2, 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 of crew;

(d) Names and nationality of passengers;

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

(f) Special services and facilities desired. [Dept. Reg. 108.354, 22 F. R. 11024, Dec. 31, 1957]

§ 127.4 Reciprocal arrangements. Reciprocal arrangements have been entered into with certain countries concerning military flights. Such arrangements have the effect of modifying or

Administrative Procedures Act (60 Stat. 237), as contemplated by sections 1003 and 1004 thereof.

(b) The functions conferred by section 6A of the Air Commerce Act of 1926 as amended are excluded from the operations of the Administrative Procedures Act as contemplated by sections 1003 and 1004 thereof.

[Dept. Reg. 108.354, 22 F. R. 11024, Dec. 31, 1957]

§ 128.2 Functions in section 6A of Air Commerce Act of 1926 excluded. The functions conferred by section 6A of the Air Commerce Act of 1926 as amended are excluded from the operations of the Administrative Procedures Act as contemplated by section 1003 thereof. [22 F. R. 10882, Dec. 27, 1957]

Sec. 131.1

Part 131-Certificates of Authentication

Certification of documents. 131.2 Refusal of certification for unlawful purpose.

AUTHORITY: §§ 131.1 and 131.2 issued under sec. 4, 63 Stat. 111, as amended, secs. 104, 332, 66 Stat. 174, 252; 5 U. S. C. 151c, 8 U. S. C. 1104, 1443. Interpret or apply R. S. 203, sec. 1733, 62 Stat. 946; 5 U. S. C. 158, 28 U. S. C. 1733.

SOURCE: §§ 131.1 and 131.2 appear at 22 F. R. 10882, Dec. 27, 1957.

§ 131.1 Certification of documents. The Authentication Officer or the Acting Authentication Officer may, and is hereby authorized to, sign and issue certificates of authentication under the seal of the Department of State for and in the name of the Secretary of State or the Acting Secretary of State. The form of authentication shall be as follows:

In testimony whereof, I, Secretary of State have hereunto caused the seal of the Department of State to be affixed and my name subscribed by the Authentication Officer of the said Department, at in this day of

---------

By

(Secretary of State) (Authentication Officer, Department of State)

96021-58-16

§ 131.2 Refusal of certification for unlawful purpose. The Department will not certify to a document when it has good reason to believe that the certification is desired for an unlawful or improper purpose. It is therefore the duty of the Authentication Officer to examine not only the document which the Department is asked to authenticate, but also the fundamental document to which previous seals or other certifications may have been affixed by other authorities. The Authentication Officer shall request such additional information as may be necessary to establish that the requested authentication will serve the interests of justice and is not contrary to public policy.

Part 132-Books, Maps, News

papers, etc.

§ 132.1 Purchase. The purchase by the Department of State of books, maps, newspapers, periodicals, and other publications shall be made without regard to the provisions of the act approved March 3, 1933 (sec. 2, 47 Stat. 1520; 41 U. S. C. 10a), since determination has been made by the Secretary, as permitted by the provisions of the act, that such purchase is inconsistent with the public interest. (R. S. 161; 5 U. S. C. 22) [22 F. R. 10883, Dec. 27, 1957]

Page 217

AUTHORITY: §§ 133.1 to 133.4 issued under sec. 4, 63 Stat. 111, as amended; 5 U. S. C. 151c. Interpret or apply No. 8, 27 Stat. 395, as amended; 20 U. S. C. 91.

SOURCE: §§ 133.1 to 133.4 appear at 22 F. R. 10883, Dec. 27, 1957.

§ 133.1 Definition. The term records is construed in accordance with the act of July 7, 1943 (57 Stat. 380; 44 U. S. C. 366). These records include classified, administratively controlled and unclassified materials.

§ 133.2 Availability of classified and administratively controlled materials. Materials classified or bearing an administrative control designation will not be made available outside the Department, except under the conditions outlined in the Security Regulations of the Department.

§ 133.3 Request for use of records by officials of the United States Government other than officers of the Department of State. Request from other Federal agencies for access to and use of Departmental records for official purposes shall generally be received and coordinated by the appropriate liaison or functional office concerned. For example, all requests from congressional committees or individual Members of Congress for documents, regardless of subject matter, should be referred to the Office of the Assistant Secretary for Congressional Relations; requests for information on personnel records should be referred to the Office of Personnel; and security questions to the Office of Security.

§ 133.4 Use of records by persons who are not officials of the United States Government—(a) Chronological periods with respect to research use of records— (1) Records of the open period. The records of the Department prior to January 1, 1930, with certain exceptions such as records relating to the citizen

ship of individuals, unsettled claims, and Foreign Service inspection and personnel records, are open for inspection by the general public at the National Archives, subject to its regulations.

(2) Records of the limited-access period. Use of records of the Department between the open period and January 1, 1942, shall be confined to qualified researchers and other persons demonstrating a legitimate need for information contained in such records.

(3) Records of the closed period. Records of the Department dated January 1, 1942 or later will be regarded as closed and the larger portion will not be made available to non-official researchers. Some exceptions, however, may be made for:

(i) Qualified researchers undertaking broad studies regarded by the Department as desirable in the national interest; and studies of more limited scope involving non-sensitive and generally unclassified materials.

(ii) Inquirers seeking specific information of a non-sensitive nature.

(b) Restrictions on use of records of limited-access and closed periods. (1) Classified and administratively controlled telegrams less than 10 years old may be reviewed only in paraphrased versions by persons who are not employees of the Executive Branch of the Federal Government.

(2) Certain types of documents will be withheld if their publication would be contrary to the public interest, such as: (i) Materials which might tend to embarrass the United States Government in its conduct of foreign relations; (ii) Materials embodying opinions or comments which might give needless offense to other nationalities or to individuals at home or abroad; and (iii) Materials which would violate the confidence reposed in the Department or in the Foreign Service.

(3) Records relating to the citizenship of individuals and to unsettled claims, Foreign Service inspection reports, personnel records, and a few other categories are not generally available for nonofficial research.

(4) Classified documents originating with Federal agencies other than the Department of State or those of interagency committees or working groups may not be used by a private researcher

unless the Historical Division has obtained the approval of the originating agency or agencies concerned.

(5) Papers, with the possible exception of captured enemy or ex-enemy documentation, originated by a foreign government and not yet released for publication by that government, ordinarily will not be made available to inquirers without the consent of the government concerned.

(c) Application for use of records of the limited-access and closed periods— (1) Form of application. The application shall be made on Department of State form DS-1192 and submitted to the Chief of the Historical Division. This application shall contain a description of the nature and scope of the proposed study and the types of records required (requests shall be confined, in so far as possible, to particular documents or materials on specific topics); information concerning the applicant's citizenship, academic background, and research experience; and a list of professional references. The application of an alien researcher shall be accompanied by a recommendation from the chief of

mission in Washington representing the country to which the applicant owes allegiance.

(2) Departmental action on application. The Chief of the Historical Division shall confer with the appropriate officers of the Department, when necessary, and determine the action to be taken, the nature and extent of access to be granted, and any special restrictions to be placed on the use of the information. The Historical Division shall then notify the applicant whether the desired records can be made available within policy and security restrictions, and make any necessary arrangements for the applicant to consult official files subject to such conditions as may be decided upon.

(d) Liberal interpretation of regulation. It is the policy of the Department of State to make its records available to private individuals and to Government officials engaged in private research as liberally as possible, consistent with the security of the nation, the maintenance of friendly relations with other nations and the efficient operation of the Department.