§126.4. Transfers by or for the United States Government. — Inbound Citations
22 C.F.R. § 126.4
Statutory Authority
Cited by 13 regulations in release Current.
Citations to 22 U.S.C. § 126.4 as a whole
-
(i) In accordance with § 126.4 of this subchapter, or
-
(e) Licenses issued pursuant to this section must be renewed prior to their expiration if offshore procurement is to be extended beyond the period of validity of the original approved license. In all instances a license for offshore procurement must state as the purpose “Offshore procurement in accordance with the conditions established in the ITAR, including § 124.13. No other use will be made of the technical data.” If the technical data involved in an offshore procurement arrangement is otherwise exempt from the licensing requirements of this subchapter (e.g., § 126.4), the DSP-5 referred to in the first sentence of this section is not required. However, the exporter must comply with the other requirements of this section and provide a written certification to the Directorate of Defense Trade Controls annually of the offshore procurement activity and cite the exemption under which the technical data was exported. The exemptions under § 125.4 of this subchapter may not be used to establish offshore procurement arrangements.
-
(a) It is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services, destined for or originating in certain countries. (See also § 129.7 of this subchapter, which imposes restrictions on brokering activities similar to those in this section.) The exemptions provided in this subchapter do not apply with respect to defense articles or defense services originating in or for export to any proscribed countries, areas, or persons as described in this section, except that the following exemptions may be utilized:(1) Transfers pursuant to § 123.17 of this subchapter, or § 126.6, or § 126.18(e);(2) Transfers by or for the U.S. Government pursuant to the following sections:(i) § 126.4(a)(1) or (3);(ii) § 126.4(b)(1); or(iii) § 126.4(a)(2) or (b)(2) when the export is destined for Russia and in support of government space cooperation; or(3) When the recipient is a U.S. Government department or agency.
Citations to §126.4(a)(1)
-
(a) It is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services, destined for or originating in certain countries. (See also § 129.7 of this subchapter, which imposes restrictions on brokering activities similar to those in this section.) The exemptions provided in this subchapter do not apply with respect to defense articles or defense services originating in or for export to any proscribed countries, areas, or persons as described in this section, except that the following exemptions may be utilized:(1) Transfers pursuant to § 123.17 of this subchapter, or § 126.6, or § 126.18(e);(2) Transfers by or for the U.S. Government pursuant to the following sections:(i) § 126.4(a)(1) or (3);(ii) § 126.4(b)(1); or(iii) § 126.4(a)(2) or (b)(2) when the export is destined for Russia and in support of government space cooperation; or(3) When the recipient is a U.S. Government department or agency.
-
(2) To an entity other than the U.S. Government at the written direction of a department or agency of the U.S. Government or pursuant to an international agreement or arrangement, for an activity authorized for that department or agency in paragraphs (a)(1) through (4) of this section.
Citations to §126.4(a)(2)
-
(a) It is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services, destined for or originating in certain countries. (See also § 129.7 of this subchapter, which imposes restrictions on brokering activities similar to those in this section.) The exemptions provided in this subchapter do not apply with respect to defense articles or defense services originating in or for export to any proscribed countries, areas, or persons as described in this section, except that the following exemptions may be utilized:(1) Transfers pursuant to § 123.17 of this subchapter, or § 126.6, or § 126.18(e);(2) Transfers by or for the U.S. Government pursuant to the following sections:(i) § 126.4(a)(1) or (3);(ii) § 126.4(b)(1); or(iii) § 126.4(a)(2) or (b)(2) when the export is destined for Russia and in support of government space cooperation; or(3) When the recipient is a U.S. Government department or agency.
-
(2) To an entity other than the U.S. Government at the written direction of a department or agency of the U.S. Government or pursuant to an international agreement or arrangement, for an activity authorized for that department or agency in paragraphs (a)(1) through (4) of this section.
Citations to §126.4(a)(3)
-
(a) It is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services, destined for or originating in certain countries. (See also § 129.7 of this subchapter, which imposes restrictions on brokering activities similar to those in this section.) The exemptions provided in this subchapter do not apply with respect to defense articles or defense services originating in or for export to any proscribed countries, areas, or persons as described in this section, except that the following exemptions may be utilized:(1) Transfers pursuant to § 123.17 of this subchapter, or § 126.6, or § 126.18(e);(2) Transfers by or for the U.S. Government pursuant to the following sections:(i) § 126.4(a)(1) or (3);(ii) § 126.4(b)(1); or(iii) § 126.4(a)(2) or (b)(2) when the export is destined for Russia and in support of government space cooperation; or(3) When the recipient is a U.S. Government department or agency.
-
(2) To an entity other than the U.S. Government at the written direction of a department or agency of the U.S. Government or pursuant to an international agreement or arrangement, for an activity authorized for that department or agency in paragraphs (a)(1) through (4) of this section.
Citations to §126.4(a)(4)
-
(2) To an entity other than the U.S. Government at the written direction of a department or agency of the U.S. Government or pursuant to an international agreement or arrangement, for an activity authorized for that department or agency in paragraphs (a)(1) through (4) of this section.
Citations to §126.4(b)(1)
-
(a) It is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services, destined for or originating in certain countries. (See also § 129.7 of this subchapter, which imposes restrictions on brokering activities similar to those in this section.) The exemptions provided in this subchapter do not apply with respect to defense articles or defense services originating in or for export to any proscribed countries, areas, or persons as described in this section, except that the following exemptions may be utilized:(1) Transfers pursuant to § 123.17 of this subchapter, or § 126.6, or § 126.18(e);(2) Transfers by or for the U.S. Government pursuant to the following sections:(i) § 126.4(a)(1) or (3);(ii) § 126.4(b)(1); or(iii) § 126.4(a)(2) or (b)(2) when the export is destined for Russia and in support of government space cooperation; or(3) When the recipient is a U.S. Government department or agency.
Citations to §126.4(b)(2)
-
(a) It is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services, destined for or originating in certain countries. (See also § 129.7 of this subchapter, which imposes restrictions on brokering activities similar to those in this section.) The exemptions provided in this subchapter do not apply with respect to defense articles or defense services originating in or for export to any proscribed countries, areas, or persons as described in this section, except that the following exemptions may be utilized:(1) Transfers pursuant to § 123.17 of this subchapter, or § 126.6, or § 126.18(e);(2) Transfers by or for the U.S. Government pursuant to the following sections:(i) § 126.4(a)(1) or (3);(ii) § 126.4(b)(1); or(iii) § 126.4(a)(2) or (b)(2) when the export is destined for Russia and in support of government space cooperation; or(3) When the recipient is a U.S. Government department or agency.
Citations to §126.4(c)
-
(4) An application for a license for the permanent export of defense articles sold commercially must be accompanied by purchase documentation (e.g., purchase order, contract, letter of intent, or other appropriate documentation). In cases involving the Foreign Military Sales program, a copy of the relevant Letter of Offer and Acceptance is required, unless the procedures of § 126.4(c) or § 126.6 of this subchapter are followed;