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Notes

22 C.F.R. §§ 130.2–130.8

7 sections in range

§130.2. Applicant.

22 C.F.R. § 130.2

Applicant means any person who applies to the Directorate of Defense Trade Controls for any license or approval required under this subchapter for the export, reexport, or retransfer of defense articles or defense services valued in an amount of $500,000 or more which are being sold commercially to or for the use of the armed forces of a foreign country or international organization. This term also includes a person to whom the required license or approval has been given.
Notes, amendments, and revision history

Amendments

[81 FR 62008, Sept. 8, 2016]

Authority

Authority: Sec. 39, Pub. L. 94-329, 90 Stat. 767 (22 U.S.C. 2779); 22 U.S.C. 2651a; E.O. 13637, 78 FR 16129.

Source

Source: 58 FR 39323, July 22, 1993, unless otherwise noted.

Amendments

[81 FR 62008, Sept. 8, 2016]

§130.3. Armed forces.

22 C.F.R. § 130.3

Armed forces means the army, navy, marine, air force, or coast guard, as well as the national guard and national police, of a foreign country. This term also includes any military unit or military personnel organized under or assigned to an international organization.
Notes, amendments, and revision history

Authority

Authority: Sec. 39, Pub. L. 94-329, 90 Stat. 767 (22 U.S.C. 2779); 22 U.S.C. 2651a; E.O. 13637, 78 FR 16129.

Source

Source: 58 FR 39323, July 22, 1993, unless otherwise noted.

§130.4. Defense articles and defense services.

22 C.F.R. § 130.4

Defense articles and defense services have the meaning given those terms in paragraphs (3), (4) and (7) of section 47 of the Arms Export Control Act (22 U.S.C. 2794 (3), (4), and (7)). When used with reference to commercial sales, the definitions in §§ 120.31 and 120.32 of this subchapter apply.
Notes, amendments, and revision history

Amendments

[58 FR 39323, July 22, 1993, as amended at 87 FR 16426, Mar. 23, 2022]

Authority

Authority: Sec. 39, Pub. L. 94-329, 90 Stat. 767 (22 U.S.C. 2779); 22 U.S.C. 2651a; E.O. 13637, 78 FR 16129.

Source

Source: 58 FR 39323, July 22, 1993, unless otherwise noted.

Amendments

[58 FR 39323, July 22, 1993, as amended at 87 FR 16426, Mar. 23, 2022]

§130.5. Fee or commission.

22 C.F.R. § 130.5

(a)
Fee or commission— means, except as provided in paragraph (b) of this section, any loan, gift, donation or other payment of $1,000 or more made, or offered or agreed to be made directly or indirectly, whether in cash or in kind, and whether or not pursuant to a written contract, which is:
(1)
To or at the direction of any person, irrespective of nationality, whether or not employed by or affiliated with an applicant, a supplier or a vendor; and
(2)
For the solicitation or promotion or otherwise to secure the conclusion of a sale of defense articles or defense services to or for the use of the armed forces of a foreign country or international organization.
(b)
The term fee or commission does not include—
(1)
A political contribution or a payment excluded by § 130.6 from the definition of political contribution;
(2)
A normal salary (excluding contingent compensation) established at an annual rate and paid to a regular employee of an applicant, supplier or vendor;
(3)
General advertising or promotional expenses not directed to any particular sale or purchaser; or
(4)
Payments made, or offered or agreed to be made, solely for the purchase by an applicant, supplier or vendor of specific goods or technical, operational or advisory services, which payments are not disproportionate in amount with the value of the specific goods or services actually furnished.
Notes, amendments, and revision history

Amendments

[58 FR 39323, July 22, 1993, as amended at 71 FR 20554, Apr. 21, 2006]

Authority

Authority: Sec. 39, Pub. L. 94-329, 90 Stat. 767 (22 U.S.C. 2779); 22 U.S.C. 2651a; E.O. 13637, 78 FR 16129.

Source

Source: 58 FR 39323, July 22, 1993, unless otherwise noted.

Amendments

[58 FR 39323, July 22, 1993, as amended at 71 FR 20554, Apr. 21, 2006]

§130.6. Political contribution.

22 C.F.R. § 130.6

Political contribution means any loan, gift, donation or other payment of $1,000 or more made, or offered or agreed to be made, directly or indirectly, whether in cash or in kind, which is:
(a)
To or for the benefit of, or at the direction of, any foreign candidate, committee, political party, political faction, or government or governmental subdivision, or any individual elected, appointed or otherwise designated as an employee or officer thereof; and
(b)
For the solicitation or promotion or otherwise to secure the conclusion of a sale of defense articles or defense services to or for the use of the armed forces of a foreign country or international organization. Taxes, customs duties, license fees, and other charges required to be paid by applicable law or regulation are not regarded as political contributions.
Notes, amendments, and revision history

Authority

Authority: Sec. 39, Pub. L. 94-329, 90 Stat. 767 (22 U.S.C. 2779); 22 U.S.C. 2651a; E.O. 13637, 78 FR 16129.

Source

Source: 58 FR 39323, July 22, 1993, unless otherwise noted.

§130.7. Supplier.

22 C.F.R. § 130.7

Supplier means any person who enters into a contract with the Department of Defense for the sale of defense articles or defense services valued in an amount of $500,000 or more under section 22 of the Arms Export Control Act (22 U.S.C. 2762).
Notes, amendments, and revision history

Authority

Authority: Sec. 39, Pub. L. 94-329, 90 Stat. 767 (22 U.S.C. 2779); 22 U.S.C. 2651a; E.O. 13637, 78 FR 16129.

Source

Source: 58 FR 39323, July 22, 1993, unless otherwise noted.

§130.8. Vendor.

22 C.F.R. § 130.8

(a)
Vendor means any distributor or manufacturer who, directly or indirectly, furnishes to an applicant or supplier defense articles valued in an amount of $500,000 or more which are end-items or major components as defined in § 120.45 of this subchapter. It also means any person who, directly or indirectly, furnishes to an applicant or supplier defense articles or services valued in an amount of $500,000 or more when such articles or services are to be delivered (or incorporated in defense articles or defense services to be delivered) to or for the use of the armed forces of a foreign country or international organization under:
(1)
A sale requiring a license or approval from the Directorate of Defense Trade Controls under this subchapter; or
(2)
A sale pursuant to a contract with the Department of Defense under section 22 of the Arms Export Control Act (22 U.S.C. 2762).
(b)
[Reserved]
Notes, amendments, and revision history

Amendments

[58 FR 39323, July 22, 1993, as amended at 71 FR 20554, Apr. 21, 2006; 79 FR 61236, Oct. 10, 2014]

Authority

Authority: Sec. 39, Pub. L. 94-329, 90 Stat. 767 (22 U.S.C. 2779); 22 U.S.C. 2651a; E.O. 13637, 78 FR 16129.

Source

Source: 58 FR 39323, July 22, 1993, unless otherwise noted.

Amendments

[58 FR 39323, July 22, 1993, as amended at 71 FR 20554, Apr. 21, 2006; 79 FR 61236, Oct. 10, 2014]