cation of data or material, together with five (5) copies of the technical data.

(b) A license issued by the Department of State is required for the exportation of unclassified technical data relating to arms, ammunition, and implements of war which are included in any applications for a foreign patent. This licensing requirement is in addition to the license for foreign filing, which must be obtained by an exporter from the Patent Office during the first 6 months of the pendency of a patent application. After 6 months, only a Department of State license is required. If the patent application is covered by a secrecy order, all questions relating thereto should be addressed to the Patent Office.

(c) Communication with the Department of State is required in the event that classified United States military information will be involved in a proposed exportation. A letter must be submitted initially to the Department of State containing full details of the proposed transaction, accompanied by five (5) copies of the documentation to assist in the consideration of the proposal. The letter to the Department of State should indicate:

(1) The highest degree of security classification of the information involved;

(2) The responsible cognizant project or contracting agency;

(3) If the information was not directly contracted for, whether the information was or was not derived from U.S. Government sources, project development, bid requirements or contractual arrangements. (See §§ 125.02 and § 125.21

Government agency shipments.

An export license is not required when the shipment of technical data is made by the U.S. Government or an agency thereof unless a private individual or firm is involved in the shipping or mailing procedure.

TECHNICAL DATA EXEMPTIONS

§ 125.30 General exemptions.

(See § 125.40.)

(a) Collectors of customs or postal authorities may permit the exportation, without a license, to any destination, other than those listed in § 125.42, of unclassified technical data as follows:

(1) If it is in published form and subject to public dissemination by being: (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; (iv) Freely available at public libraries.

(2) If it has been approved for public release by an authorized agency of the Department of Defense and has in fact been publicly disseminated in a manner specified in subparagraph (1) of this paragraph or presented at a symposium authorized for attendance by the public.

(3) If it is being exported in furtherance of a manufacturing license or technical assistance agreement, upon compliance with the procedure specified in § 124.03.

(4) If it is being exported 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 a foreign manufacturer or other foreign entity, provided the contract calls for transmission of relevant technical data.

(5) If it relates to firearms not in excess of caliber .50 and ammunition for such weapons, except unclassified technical data containing advanced designs, processes, and manufacturing tech

niques.

(6) If it consists of technical data, other than design, development, or production information, relating to equipment, the exportation of which has been previously authorized to the same destination.5

(7) If it consists of operations, maintenance, and training manuals, and aids, relating to equipment, the exportation of which has been authorized to the same destination.5

(8) If it consists of additional copies of technical data previously approved for exportation to the same destination.

(9) If it consists solely of technical data being retransmitted to destinations from which it was originally imported.

(10) If it consists of material made available to the Clearinghouse for Federal Scientific and Technical Information (CFSTI), Department of Commerce, by the Department of Defense.

(b) Plant visits. No license is required for the exportation to any destination other than those listed in § 125.42 of unclassified technical data provided:

5 Not applicable to technical data relating to Category VI(e) and Category XVI.

SOURCE: The provisions of this Part 126 contained in Departmental Regulation 108.520, 30 F.R. 9043, July 17, 1965, 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 U.S. Munitions List or to import or attempt to import such articles into the United States without first having obtained a license therefor, unless written approval was obtained from the Department of State or an exemption from this requirement is authorized by this subchapter.

§ 126.02

Misrepresentation and conceal

ment of facts.

(a) It shall be unlawful willfully to use, or attempt to use, for the purpose of exportation or importation of U.S. Munitions List articles, any export or import control document which contains a false statement or misrepresents or conceals a material fact. Any such false statement, misrepresentation or concealment of material fact in such a document shall be considered, as made in a matter within the jurisdiction of a department or agency of the United States, in violation of section 1001 of Title 18, United States Code and section 414 of the Mutual Security Act of 1954, as amended (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 or importation, or attempted importation or exportation of U.S. Munitions List articles: (1) Applications for import, export, or intransit license and supporting documents.

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

(4) Declarations of destination.

(5) Delivery verifications.

(6) Applications for certificate of temporary sojourn.

(7) Applications for registration.

(8) Purchase orders.

(9) Foreign import certificates.
(10) Bills-of-lading.
(11) Air way bills.

§ 126.03 Penalties for violations.

Any person who willfully violates any provision of section 414 of the Mutual Security Act of 1954, as amended (22 U.S.C. 1934), 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 2 years, or both. § 126.04 Authority of collectors of cus

toms.

(a) Collectors of customs are authorized to take appropriate action to insure observance of this subchapter as to the importation or exportation, or the attempted importation or exportation, of arms, ammunition, and implements of war, whether or not authorized by licenses or written approval issued under this subchapter, including, but not limited to, inspection of loading or unloading of carriers.

(b) Upon the presentation of a license or written approval to a collector of customs, authorizing the exportation or importation of arms, ammunition, and implements of war, the collector may require, in addition to such documents as may be required by customs regulations, the production of other relevant documents and information relating to the proposed exportation or importation, including, but not limited to, invoices, orders, packing lists, shipping documents, correspondence, and instructions.

§ 126.05 Seizure.

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, implements of war, and technical data relating thereto in violation of law, the