or with his baggage or effects, whether accompanied or unaccompanied, and are intended exclusively for his personal use for sporting or scientific purposes or for personal protection and not for resale. This exemption shall extend to not more than 3 tear gas guns or other type hand dispensers and not more than 100 gas cartridges therefor.

(b) Subject to the provisions of §§ 123.22 and 123.23, collectors of customs are authorized to permit the exportation, without a license, of ammunition for firearms, provided the quantity does not exceed 1,000 rounds in any shipment and the ammunition is for the personal use of the consignee and not for resale. A license is required, however, for exportation to Bahrein, Kuwait, Qatar, the Trucial States, Muscat, Oman, and the Republic of South Africa. § 123.53 Arms for the personal use of members of the Armed Forces.

(a) Collectors of customs are authorized to permit members of the U.S. Armed Forces or U.S. civilian personnel employed by those forces to ship or bring into the United States, without license, nonautomatic firearms and ammunition therefor, upon presentation of written authorization from their commanding officer, which authorization shall include a certification that such firearms are bona fide war trophies or war souvenirs.

(b) Collectors of customs are authorized to permit Category I(a) firearms and parts for such weapons to leave the United States without a license, provided they are consigned to servicemen's clubs overseas or to individual members of the Armed Forces of the United States, and are accompanied by a written authorization from the commanding officer. § 123.54 Sample shipments.

Collectors of customs are authorized to permit up to an inclusive total of three rifles, carbines (excluding automatic and semiautomatic models), revolvers and pistols to be exported or imported without a license, providing the articles being shipped are not for sale and will be returned to the same exporter or importer. Collectors of customs may also permit the exportation and importation of such sample weapons, without a license, when they are being returned to their owner.

MISCELLANEOUS EXEMPTIONS

§ 123.60 Border shipments and shipments transiting Panama Canal. Shipments originating in Canada or Mexico which incidentally transit the United States en route to a delivery point in the country of origin are exempt from the requirement of an intransit license. Vessels transiting the Panama Canal without off-loading cargo are exempt from the requirement of an intransit license.

§ 123.61 Certain helium gas exports.

Subject to the provisions of § 123.22, collectors of customs are authorized to permit the exportation or importation, without a license, of miniature cylinders containing helium gas in fractional cubic foot quantities mixed with other gases, provided that the gas is intended for medical use and shipment does not exceed 10 cubic feet of "contained helium" to any consignee.

§ 123.62 Scuba equipment.

Collectors of customs are authorized to permit the exportation or importation, without a license, of not more than three units of Scuba or other self-contained diving and swimming apparatus, intended exclusively for personal use.

§ 123.63 Propellants and explosives.

Subject to the provisions of § 123.22, collectors of customs are authorized to permit the exportation, without a license, of propellants and explosives for nonexplosive uses such as medical uses and laboratory tests. Such shipments must be clearly marked as to content, include no materials classified from a military security point of view, and weigh no more than 25 pounds.

§ 123.64 Smokeless shotgun powder.

Collectors of customs are authorized to permit the importation of smokeless shotgun powder without a license (see Category V of the U.S. Munitions List). § 123.65 Privately owned military air

craft on temporary sojourn abroad. (a) A certificate of temporary sojourn may be issued by the Department in appropriate instances in lieu of an export license to authorize the departure of

privately owned military aircraft from the United States for a temporary sojourn abroad not to exceed 6 months' duration. The Department may require documentary evidence pertinent to the aircraft or proposed sojourn before issuance of a certificate of temporary sojourn.

(b) Private owners of military aircraft to be flown or shipped from the United States under the provisions of paragraph (a) of this section shall complete and submit a request for a certificate of temporary sojourn, form DSP-73, in triplicate to the Department for its approval.

(c) An original and duplicate copy of the certificate of temporary sojourn issued by the Department must be presented to the collector of customs at the port of departure. The certificate is for endorsement by the collector provided he finds no discrepancy in the statements made therein. The endorsed certificate shall be returned to the pilot and carried on the aircraft as evidence that the required permission has been granted and the duplicate retained by the collector for his records pending the completion of the temporary sojourn. The pilot or operator is required to depart from the United States at an airport where a customs officer is available for outward endorsement on the certificate. The outward clearance cannot be obtained by telephone or other informal means.

(d) Upon completion of the temporary sojourn, the certification shall be surrendered to the collector of customs at the port of entry. If the ports of entry and departure differ, the customs officer shall forward the surrendered certificate, properly endorsed, to the customs authorities at the original port of departure. The completed certificate must be returned to the Department.

(e) The Department may permit a privately owned military aircraft to make a series of flights to and from the United States under a certificate of temporary sojourn not to exceed 6 months duration. Full details of the proposed flights must be given.

(f) The dates of actual departure and entry shall be noted on the reverse side of the certificate and endorsed by appropriate customs officials. No action is to be taken on the copy of the certificate which is returned to the original port of exit until the pilot's copy of the certificate is taken up by the customs officer upon his last entry into the United States prior to the expiration of the authorized period.

(g) Requests for extension of temporary sojourn must be made to the Department in writing, stating the original port of departure.

To the extent that articles or technical data, the export of which is controlled by the Atomic Energy Commission under the Atomic Energy Act of 1954, as amended, are coextensive with articles or technical data in Category VI (e), Category XVI, and Category XVIII, this subchapter shall not apply.

SPECIAL EMERGENCY PROVISIONS

§ 123.70 Temporary suspension or modification of the regulations of this part.

The Director, Office of Munitions Control, Department of State, is authorized to order the temporary suspension or modification of any or all of the regulations of this part in the interest of furthering the objectives of world peace and the security and foreign policy of the United States.

124.01

124.02

Manufacturing license agreements. Technical assistance agreements. 124.03 Exportation of technical data in furtherance of an agreement. 124.04 Required information in agreements. AUTHORITY: The provisions of this Part 124 issued under sec. 414, as amended, 68 Stat. 848, 22 U.S.C. 1934; secs. 101 and 105, E.O. 10973, 26 F.R. 10469; sec. 6, Departmental Delegation of Authority No. 104, 26 F.R. 10608, as amended, 27 F.R. 9925, 28 F.R. 7231; and Redelegation of Authority No. 104-3-A, 7231.

SOURCE: The provisions of this Part 124 contained in Departmental Regulation

108.520, 30 F.R. 9041, July 17, 1965, unless otherwise noted.

Agreements entered into between persons or companies in the United States and foreign persons or entities, private or governmental, for the furnishing of technical assistance and technical information relating to articles designated as arms, ammunition, and implements of war are required to be submitted to the Department of State before the effective date of the agreement for review from the standpoint of U.S. foreign policy and military security.

§ 124.03 Exportation of technical data in furtherance of an agreement. Collectors of customs or postal authorities may permit the exportation, without a license, of unclassified technical data being exported in furtherance of a manufacturing license or technical assistance agreement covering U.S. Munitions List items, concerning which the Department of State has, in writing, expressed no objection, unless the data contain a major advance in design, process or manufacturing tech

(a) Manufacturing license or technical assistance agreements should define in precise terms the following:

(1) The equipment and technology involved as described by military nomenclature, contract number, Federal stock number, nameplate data, or other specific information;

(2) The detail scope of the information to be furnished;

(3) The period of duration of the agreement;

(4) Statement of ownership of equipment and special tools involved (especially U.S. Government-owned) which would be utilized or made available in connection with the agreement. In lieu of inclusion as an integral part of the agreement, the applicant may submit this information in the form of an attachment or enclosure to the agreement submitted for review;

(5) Technology or equipment not under contract considered of advanced design, process, or technique should include a statement as to whether the equipment or technology involved was derived, produced or developed for any U.S. Government agency or military service for bidding or other purposes.

(b) (1) It is the policy of the U.S. Government not to pay or allow to be paid in connection with purchases made with Military Assistance Program or other U.S. Government funds, a charge for patent rights in which it holds a royalty-free license, or for technical data which it has a right to use and disclose to others for purposes of the Military Assistance or other U.S. Government Program or which are in the public domain, or with respect to which it has been placed in possession without restriction upon their use and disclosure to others. Reasonable charges for reproduction, handling, mailing, and other similar administrative costs do not fall within this policy.

(2) Pursuant to the above policy (subparagraph (1) of this paragraph), all agreements shall contain the following provisions: (i) purchases of items by or for the U.S. Government, or with funds derived through the Military Assistance or other U.S. Government Programs, will not include a charge (a) for technical data in the possession of the U.S. Government, or in which the U.S. Government has a right to possession, and regarding which there is no prohibition against use by the U.S. Government and disclosure to others and (b) for royalties or amortization for patents or inventions in which the U.S. Government holds a royalty-free license; and (ii) the license rights transferred by the agreement are subject to existing rights of the U.S. Government.

(c) (1) It is further the policy of the U.S. Government not to approve agreements envisaging the transmittal abroad of classified U.S. military information unless certain security arrangements are in existence on a government-to-government basis, under which the U.S. Government can be assured that its classified information will be properly protected abroad. Additionally, prior to the Department's approval of such an agreement, the release of the classified U.S. military information involved must be approved by the cognizant U.S. military department and the Department of Defense under established procedures.

(2) In accordance with subparagraph (1) of this paragraph, any proposed agreement envisaging the transmission of classified U.S. military information abroad shall first be submitted to the

Department of State for review and coordination with appropriate military authorities and the Department of Defense prior to the consummation of negotiations with the foreign government or firm.

(3) If only unclassified equipment or technology is involved, it should be so indicated. If classified information is involved, the highest degree of security classification should be specified.

(d) No liability shall be incurred by or attributed to the U.S. Government by reason of this review requirement in connection with any possible future infringements of privately owned patent or proprietary rights, either domestic or foreign. The applicant shall acknowledge this provision of the regulations either by its inclusion in the agreement or by letter over the signature of an appropriate officer of the company.

NOTE: Proposed manufacturing licenses or technical assistance agreements for the production in a foreign country of any item on the U.S. Munitions List, and particularly for the production of such items developed under a government contract, are subject to technical and security review by the Department of Defense. When this is necessary. the Department will assign a case number to the draft agreement and will inform the U.S. firm of that number and of the date of referral of the case to the Department of Defense. This is to enable the firm to confer, if it so desires, with cognizant military officials on technical and security requirements of the agreements. After the Department of Defense has submitted its recommendations to the Department of State on the proposed agreement, the Department of State will take final action on the case.

125.20 125.21

125.30

125.31

125.32

125.40 125.41 125.42

Classified military information. TRANSMISSION OF INFORMATION

Transmission of unclassified technical information.

Transmission of classified military information.

EXPORT CONTROL REQUIREMENTS

Requirements.

Government agency shipments.
TECHNICAL DATA EXEMPTIONS

General exemptions.

Importation of technical data.
Canadian shipments.

MAILING AND SHIPPING PROCEDURES

Certification requirements.
Clearance of exports.

Sino-Soviet bloc destinations. AUTHORITY: The provisions of this Part 125 issued under sec. 414, as amended, 68 Stat. 848; 22 U.S.C. 1934; secs. 101 and 105, E.O. 10973, 26 F.R. 10409; sec. 6, Departmental Delegation of Authority No. 104, 26 F.R. 10608, as amended, 27 F.R. 9925, 28 F.R. 7231; and Redelegation of Authority No. 104-3-A, 28 F.R. 7231.

SOURCE: The provisions of this Part 125 contained in Departmental Regulation 108.520, 30 F.R. 9042, July 17, 1965, unless otherwise noted.

DEFINITIONS AND INTERPRETATIONS

§ 125.01 Technical data.

The term "technical data" as used in Category XVIII of the U.S. Munitions List means any professional, scientific, or technical information relating to arms, ammunition, and implements of war which includes any model, design, photographic print or negative, plan, specification, or drawing, engineering performance characteristics data, or similar information which could enable the recipient to use, produce, operate, maintain, repair, or overhaul the article to which these data relate (see also § 125.20).

§ 125.02 Classified military information.

Classified U.S. military information, including classified technical data and equipment as covered by Category XVII of the U.S. Munitions List, refers to any

equipment or information which has been assigned a security classification, by any agency of the Department of Defense. Classified U.S. military information is information under the control and jurisdiction of the Department of Defense, its departments or agencies, or of primary interest to them. Any request for authority to export classified U.S. military equipment or information by other than the cognizant Military Departments must first be submitted to the Department of State for approval (see also §§ 125.12 and 125.20(c)).

TRANSMISSION OF INFORMATION

§ 125.11 Transmission of unclassified technical information.

The export controls established under the provisions of section 414 of the Mutual Security Act of 1954, as amended, relating to technical data, cover the exportation of technical information on articles designated as arms, ammunition, and implements of war in the U.S. Munitions List, regardless of whether the transmission of such information is accomplished by oral, visual, or documentary means. This includes, but is not limited to, transmission by mail, by hand, through foreign visits by American technical personnel, release to foreign nationals in the United States, or through participating in symposia.