[Federal Register: October 27, 2003 (Volume 68, Number 207)]
[Rules and Regulations]
[Page 61098-61103]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc03-6]
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DEPARTMENT OF STATE
22 CFR Parts 120, 123, 124 and 125
[Public Notice 4520]
RIN 1400-AB72
Amendment to the International Traffic In Arms Regulations:
Mandatory Electronic Filing of Shipper's Export Declarations With U.S.
Customs Using the Automated Export System (AES)
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: This amendment to the International Traffic in Arms
Regulations (ITAR) implements the Congressional requirement of the Arms
Export Control Act (AECA) for exporters of U.S. Munitions List (USML)
articles to provide to the Department of State a report containing all
shipment information, to include a description of the item, quantity,
value, port of exit, end user and country of destination of the item;
and, the Congressional mandate in Public Law l06-113 that amended
Section 30l, of Title 13 of the U.S. Code authorizing the Secretary of
Commerce to require the mandatory electronic filing of export
information through the Automated Export System (AES) for items
identified in the Commerce Control List (CCL) and the Department of
State's U.S. Munitions List (USML) that require a Shipper's Export
Declaration (SED). In implementing these mandates it was determined
that for shipments requiring a SED the use of the AES system by the
Department of State would be the least burdensome to the exporting
community. Also, adoption of the AES system by the State Department
will be economically beneficial to the USG and provide information on
exports of defense articles using a U.S. Port in a more timely,
consistent and accurate manner. It will also serve to improve the
quality, timeliness and consistency of Congressionally mandated
reports.
EFFECTIVE DATE: October 27, 2003.
Public Comment: Interested parties are invited to submit written
comments to the Department of State, Office of Defense Trade Controls
Compliance, ATTN: Regulatory Change, ITAR Mandatory Electronic Filing
of Export Information, 12th Floor, SA-1, Washington, DC 20522-0112.
FOR FURTHER INFORMATION CONTACT: David C. Trimble, Director, Office of
Defense Trade Controls Compliance, Bureau of Political-Military
Affairs, Department of State, Telephone (202) 663-2700 or FAX (202)
261-8199. ATTN: Regulatory Change, ITAR
[[Page 61099]]
Mandatory Electronic Filing of Export Information.
SUPPLEMENTARY INFORMATION: The Automated Export Systems (AES) is the
electronic equivalent of filing with the U.S. Bureau of Customs and
Border Protection a paper Form No. 7525V, Shipper's Export Declaration
(SED). This electronic filing of export information is mandatory for
export of USML articles, unless a written exception is granted by the
Department of State. Implementation of the electronic filing of the
export information using the AES system for shipments of USML articles
is mandatory on October 18, 2003. To ensure a seamless transition from
paper to electronic reporting, the exporter, or an agent acting on the
exporter's behalf, shall, until December 18, 2003, also file with the
Bureau of Customs and Border Protection a paper copy of the AES
document.
However, there are circumstances (e.g., oral, visual, or electronic
transmissions of technical data and defense services) when exports
subject to the controls of the ITAR are made and the transfer is not
monitored by the Bureau of Customs and Border Protection. The
Department has determined that all technical data and defense services
export information shall be provided directly to Directorate of Defense
Trade Controls (DDTC), regardless of the type of ITAR authorization
(e.g., license, agreement, or exemption). A copy of the notification to
DDTC shall be provided by the exporter, or an agent acting on the
exporter's behalf, to the Bureau of Customs and Border Protection upon
request for those shipments that are exported using a U.S. Port (e.g.,
hand carried exports of technical data). DDTC is finalizing the system
for direct electronic reporting of export data to DDTC. Such electronic
reporting will be mandatory on January 18, 2004 for reporting exports
against DSP-5 technical data licenses, Manufacturing License
Agreements, and Technical Assistance Agreements. While AES becomes
mandatory on October 18, 2003, the electronic reporting for licenses
and agreements to DDTC is being delayed in order to ensure that AES is
fully operational prior to implementation of the DDTC direct reporting
requirement. Mandatory reporting on all exemptions is being further
delayed, and will be implemented in a future Federal Register Notice
amending Section 122.23. DDTC anticipates reporting will include the
applicant's registration code, the USML category of the technical data
or defense service, license and/or exemption number, and country of
ultimate and, if applicable, intermediate destination. In the interim
period, reporting of the export of technical data under a Form DSP-5
and defense services under an MLA/TAA will be as follows:
1. For reporting exports of technical data that are licensed on a
Form DSP-5, the applicant must self validate the initial export on the
original of the DSP-5 and return the license to DDTC. Exports of
additional copies of the licensed technical data (i.e., the transaction
must be identical, to include the same technical data to the identical
end use and end users) would be the subject of the exemption in Section
125.4.
2. The initial export of technical data and defense services using
an agreement or a license shall be reported by letter to DDTC with the
ATTN Line reading ``Initial Export Notification for Agreement (or
License) [insert agreement/license number].''
Should an instance arise when the technical data authorized by a
license or agreement is to be exported using a U.S. Port, the exporter
shall file the export information in accordance with Section
123.22(b)(3)(iii) of this subchapter.
Although DDTC is delaying mandating reporting of all exports using
an exemption, effective January 18, 2004 all paper filing of export
information for USML shipments shall cease. Also, effective on the date
of this publication, use of the Department of State's Direct Shipment
Validation Program and the Department of Commerce, Bureau of the Census
Option 4 SED filing alternative will be discontinued for all shipments
of USML articles.
The Proliferation Prevention Enhancement Act of 1999, Public Law
106-113, Appendix G, and Section 38(i) of the Arms Export Control Act
(AECA) mandate reporting from U.S. exporters of export shipment data.
In particular, the law requires the Department of State to collect
electronically all Shipper's Export Declaration (SED) data on exports
of USML articles. The Department of Homeland Security, Bureau of
Customs and Border Protection and the Department of Commerce, Bureau of
Census have implemented a process for the electronic filing of the Form
7525V, Shipper's Export Declaration (SED), using a system known as the
Automated Export System (AES). The AES shall serve as the Department of
State's primary collection of data on exports of defense articles. To
provide the required information, the AES has been enhanced to add
additional information requirements, to include (a) DDTC registration
number of the authorized exporter; (b) identification of Significant
Military Equipment (SME) as defined in section 120.7 of the ITAR; (c) a
certification that all parties in the transaction are eligible in
accordance with the ITAR (i.e., section 120.1, paragraphs (c) and (d);
(d) identification of the USML Category (section 121.1 of the ITAR) of
the item being shipped; (e) additional fields to report the DDTC
quantity and unit of measure as described on the license or exemption;
and (f) a field for identification of the ITAR exemption authorizing
the export. Further changes to the AES are being considered, such as
identification of the article being exported against the line item of
the article authorized on the export license.
Also, the AES requires the use of external and internal transaction
numbers to track the transaction. The External Transaction Number (XTN)
is generated at the time of the AES filing by the DDTC registered
applicant/exporter, or an agent acting on the filer's behalf. The
Internal Transaction Number (ITN) is generated by the AES and returned
to the filer electronically once the submitted information has been
verified for accuracy and completeness and accepted by the AES. When an
AES submission is rejected by the Bureau of Customs and Border
Protection (e.g., Customs is unable to validate the XTN in its system
or the exporter does not receive an ITN), it will be considered as not
having met the regulatory requirements of the ITAR and export may not
be made. Future changes to the regulations may be required to expand
the use of the ITN in the AES in order to make obvious that the SED was
correctly filed through the AES, to include a requirement for the ITN
on the bill of lading, air waybill, or other loading documents. Any
additional AES requirements affecting export of USML articles will be
the subject of a Department of State Federal Register Notice.
A new definition has been added to Part 120 of the ITAR. A new
Sec. 120.30 now defines the AES as the electronic filing of the export
information. Part 120 is also amended in Sec. 120.28, paragraph (b) to
reflect the new name of the Department of Commerce component formerly
known as the Bureau of Export Administration. The Bureau is now known
as the Bureau of Industry and Security (BIS). Also, while not the
subject of an amendment in this publication, exporters are advised that
any reference in the ITAR that currently reads ``U.S. Customs'', refers
to the activities of the Bureau of Customs and
[[Page 61100]]
Border Protection and the Bureau of Immigration and Customs
Enforcement, both of which are now part of the Department of Homeland
Security.
In addition, Part 123 is amended in Sec. 123.4 to clarify the
procedure for electronic filing of export information and the
accompanying documentation. Also, in Part 123, the title of Sec.
123.22 is amended to better reflect the requirements and now reads,
``Filing, retention, and return of export licenses and filing of export
information.'' Section 123.22 also has been reformatted to address the
specific requirements of the new procedures, to include in paragraph
(a) filing and retention of licenses authorized by the DDTC; paragraph
(b) filing and reporting of export information; and, paragraph (c)
return of licenses.
From time-to-time, exports are required of licensed hardware when
the applicant is unable to provide the export information in the
mandated timelines. Section 123.22, paragraph (b)(2) provides that the
Bureau of Customs and Border Protection may permit the license holder,
or an agent acting on the filer's behalf, to electronically file urgent
shipments in a shorter time period, provided certain conditions are
met.
While all exports of hardware, regardless of the type of approval
(e.g., license, agreement, or exemption) controlled by the ITAR will
require filing of the export information using AES, exports of
technical data and defense services made using a license, agreement or
exemption shall be electronically reported directly to DDTC. Section
123.22 has been amended accordingly. Reporting to DDTC of the export
data electronically for licensed technical data (DSP-5) and defense
services (MLA and TAA) will be mandatory January 18, 2004 to require
initial reporting and reporting in any instance where the exporter is
using a U.S. port. This delay, and the further delay related to
reporting exports using exemptions, should permit sufficient time for
implementation of the AES. Guidelines for use of the DDTC export data
system will be published on the DDTC Web site (http://www.pmdtc.org).
Section 123.24 is also amended to require, for shipments of U.S.
Munitions List hardware by the U.S. Postal Service, the electronic
filing of export information using the AES and the filing of the
license with the Bureau of Customs and Border Protection at a U.S.
Port. Shipments of technical data in furtherance of a license or
agreement by mail shall be reported directly to DDTC.
Section 124.3(a) has been amended to eliminate the requirement that
the U.S. party to a manufacturing license or technical agreement
certify on an SED that the export of unclassified technical data being
exported does not exceed the scope of the agreement and any limitations
imposed pursuant to this part. This requirement is no longer needed
because unclassified technical data exports will no longer be reported
using an SED.
Section 125.6 is amended to change the requirement that an
exporter, claiming an exemption for the export of technical data under
the provisions of sections 125.4 and 125.5, certify on the SED that the
proposed export is covered by one of those sections. Section 125.6 will
now require that this certification be made by marking the package or
letter containing the technical data. The exporter must retain this
certification for a period of 5 years. For exports of technical data
that are oral, visual or electronic, the certification must still be
completed and retained for 5 years.
Finally, section 125.8 is being removed and reserved for future
use.
Regulatory Analysis and Notices: This amendment involves a foreign
affairs function of the United States and, therefore, is not subject to
the procedures required by 5 U.S.C. 553 and 554. It is exempt from
review under Executive Order 12866 but has been reviewed internally by
the Department to ensure consistency with the purposes thereof. This
rule does not require analysis under the Regulatory Flexibility Act or
the Unfunded Mandates Reform Act. It is not a major rule within the
meaning of the Small Business Regulatory Enforcement Act of 1966. It
will not have substantial direct effect on the States, the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Therefore, it is determined that this rule does not have sufficient
federalism implications to warrant application of the consultation
provisions of Executive Orders 12372 and 13123. The reporting or
record-keeping actions required from the public under the rule require
the approval of the Office of Management and Budget (OMB) under the
Paperwork Reduction Act. OMB has approved all such actions required
under this rule, which are done under four information collections; the
Department of State is responsible for three (OMB control numbers 1405-
0003, 1405-0093, and 1405-0148), and the Department of Commerce is
responsible for one (OMB control number 0607-0152).
List of Subjects
22 CFR 120
Arms and munitions, Classified information, Exports.
22 CFR 123
Arms and munitions, Exports.
22 CFR 124
Arms and munitions, Exports, Technical assistance.
22 CFR 125
Arms and Munitions, Exports.
0
Accordingly, for the reasons set forth above, Title 22, Chapter I,
Subchapter M, Parts 120, 123, 124 and 125 are amended as follows:
PART 120--PURPOSE AND DEFINITIONS
0
1. The authority citation for part 120 continues to read as follows:
Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22
U.S.C. 2752, 2778, and 2797); 22 U.S.C. 2794; E.O. 11958, 42 FR
4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 2658; Pub. L. 105-261, 112
Stat. 1920.
0
2. Sec. 120.28 is amended by revising paragraphs (b) introductory text
and (b)(1) to read as follows:
Sec. 120.28 Listing of forms referred to in this subchapter.
* * * * *
(b) Department of Commerce, Bureau of Industry and Security:
(1) International Import Certificate (Form BIS-645P/ATF-4522/DSP-
53).
* * * * *
0
3. Sec. 120 is amended by adding Sec. 120.30 to read as follows:
Sec. 120.30. The Automated Export System (AES).
The Automated Export System (AES) is the Department of Commerce,
Bureau of Census, electronic filing of export information. The AES
shall serve as the primary system for collection of export data for the
Department of State. In accordance with this subchapter U.S. exporters
are required to report export information using AES for all hardware
exports. Exports of technical data and defense services shall be
reported directly to the Directorate of Defense Trade Controls (DDTC).
Also, requests for special reporting may be made by DDTC on a case-by-
case basis, (e.g., compliance, enforcement, congressional mandates).
PART 123--LICENSES FOR THE EXPORT OF DEFENSE ARTICLES
0
4. The authority citation for part 123 continues to reads as follows:
[[Page 61101]]
Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22
U.S.C. 2752, 2778, and 2797); 22 U.S.C. 2753; E.O. 11958, 42 FR
4311; 3 CFR, 1977 Comp. p.79; 22 U.S.C. 2658; Pub. L. 105-261, 112
Stat. 1920.
0
5. Sec. 123.4 is amended by revising paragraph (d)(2) to read as
follows:
Sec. 123.4 Temporary import license exemptions.
* * * * *
(d) * * *
(1) * * *
(2) At the time of export, in accordance with the Bureau of Customs
and Border Protection procedures, the Directorate of Defense Trade
Controls (DDTC) registered and eligible exporter, or an agent acting on
the filer's behalf, must electronically file the export information
using the Automated Export System (AES), and identify 22 CFR 123.4 as
the authority for the export and provide, as requested by the Bureau of
Customs and Border Protection, the entry document number or a copy of
the Bureau of Customs and Border Protection document under which the
article was imported.
0
6. Sec. 123.5(c) is revised to read as follows:
Sec. 123.5 Temporary export licenses.
* * * * *
(c) Any temporary export license for hardware that is used,
regardless of whether the hardware was exported directly to the foreign
destination or returned directly from the foreign destination, must be
endorsed by the Bureau of Customs and Border Protection in accordance
with the procedures in Sec. 123.22 of this subchapter.
0
7. Sec. 123.22 is revised to read as follows:
Sec. 123.22 Filing, retention, and return of export licenses and
filing of export information.
(a) Any export, as defined in this subchapter, of a defense article
controlled by this subchapter, to include defense articles transiting
the United States, requires the electronic reporting of export
information. The reporting of the export information shall be to the
Bureau of Customs and Border Protection using the Automated Export
System (AES) or directly to the Directorate of Defense Trade Controls
(DDTC). Any license or other approval authorizing the permanent export
of hardware must be filed at a U.S. Port before any export. Licenses or
other approvals for the permanent export of technical data and defense
services shall be retained by the applicant who will send the export
information directly to DDTC. Temporary export or temporary import
licenses for such items need not be filed with the Bureau of Customs
and Border Protection, but must be presented to the Bureau of Customs
and Border Protection for decrementing of the shipment prior to
departure and at the time of entry. The Bureau of Customs and Border
Protection will only decrement a shipment after the export information
has been filed correctly using the AES. Before the export of any
hardware using an exemption in this subchapter, the DDTC registered
applicant/exporter, or an agent acting on the filer's behalf, must
electronically provide export information using the AES (see paragraph
(b) of this section). In addition to electronically providing the
export information to the Bureau of Customs and Border Protection
before export, all the mandatory documentation must be presented to the
port authorities (e.g., attachments, certifications, proof of AES
filing; such as the External Transaction Number (XTN) or Internal
Transaction Number (ITN)). Export authorizations shall be filed,
retained, decremented or returned to DDTC as follows:
(1) Filing of licenses and documentation for the permanent export
of hardware. For any permanent export of hardware using a license
(e.g., DSP-5, DSP-94) or an exemption in this subchapter, the exporter
must, prior to an AES filing, deposit the license and provide any
required documentation for the license or the exemption with the Bureau
of Customs and Border Protection, unless otherwise directed in this
subchapter (e.g., Sec. 125.9). If necessary, an export may be made
through a port other than the one designated on the license if the
exporter complies with the procedures established by the Bureau of
Customs and Border Protection.
(2) Presentation and retention by the applicant of temporary
licenses and related documentation for the export of unclassified
defense articles. Licenses for the temporary export or temporary import
of unclassified defense articles need not be filed with the Bureau of
Customs and Border Protection, but must be retained by the applicant
and presented to the Bureau of Customs and Border Protection at the
time of temporary import and temporary export. When a defense article
is temporarily exported from the United States and moved from one
destination authorized on a license to another destination authorized
on the same or another temporary license, the applicant, or an agent
acting on the applicant's behalf, must ensure that the Bureau of
Customs and Border Protection decrements both temporary licenses to
show the exit and entry of the hardware.
(b) Filing and reporting of export information. (1) Filing of
export information with the Bureau of Customs and Border Protection.
Before exporting any hardware controlled by this subchapter, using a
license or exemption, the DDTC registered applicant/exporter, or an
agent acting on the filer's behalf, must electronically file the export
information with the Bureau of Customs and Border Protection using the
Automated Export System (AES) in accordance with the following
timelines:
(i) Air or truck shipments. The export information must be
electronically filed at least 8 hours prior to departure.
(ii) Sea or rail Shipments. The export information must be
electronically filed at least 24 hours prior to departure.
(2) Emergency shipments of hardware that cannot meet the pre-
departure filing requirements. Bureau of Customs and Boarder Protection
may permit an emergency export of hardware by truck (e.g., departures
to Mexico or Canada) or air, by a U.S. registered person, when the
exporter is unable to comply with the SED filing timeline in paragraph
(b)(1)(i) of this section. The applicant, or an agent acting on the
applicant's behalf, in addition to providing the export information
electronically using the AES, must provide documentation required by
the Bureau of Customs and Border Protection and this subchapter. The
documentation provided to the Bureau of Customs and Border Protection
at the port of exit must include the External Transaction Number (XTN)
or Internal Transaction Number (ITN) for the shipment and a copy of a
notification to DDTC stating that the shipment is urgent and why. The
original of the notification must be immediately provided to DDTC. The
AES filing of the export information when the export is by air must be
at least two hours prior to any departure from the United States; and,
when a truck shipment, at the time when the exporter provides the
articles to the carrier or at least one hour prior to departure from
the United States, when the permanent export of the hardware has been
authorized for export:
(i) In accordance with Sec. 126.4 of this subchapter, or
(ii) On a valid license (i.e., DSP-5, DSP-94) and the ultimate
recipient and ultimate end user identified on the license is a foreign
government.
(3) Reporting of export information on technical data and defense
service. When an export is being made using a DDTC authorization (e.g.,
technical data license, agreement or a technical data
[[Page 61102]]
exemption provided in this subchapter), the DDTC registered exporter
will retain the license or other approval and provide the export
information electronically to DDTC as follows:
(i) Technical data license. Prior to the permanent export of
technical data licensed using a Form DSP-5, the applicant shall
electronically provide export information using the system for direct
electronic reporting to DDTC of export information and self validate
the original of the license. When the initial export of all the
technical data authorized on the license has been made, the license
must be returned to DDTC. Exports of copies of the licensed technical
data should be made in accordance with existing exemptions in this
subchapter. Should an exemption not apply, the applicant may request a
new license.
(ii) Manufacturing License and Technical Assistance Agreements.
Prior to the initial export of any technical data and defense services
authorized in an agreement the U.S. agreement holder must
electronically inform DDTC that exports have begun. In accordance with
this subchapter, all subsequent exports of technical data and services
are not required to be filed electronically with DDTC except when the
export is done using a U.S. Port. Records of all subsequent exports of
technical data shall be maintained by the exporter in accordance with
this subchapter and shall be made immediately available to DDTC upon
request. Exports of technical data in furtherance of an agreement using
a U.S. Port shall be made in accordance with Sec. 125.4 of this
subchapter and made in accordance with the procedures in paragraph
(b)(3)(iii) of this section.
(iii) Technical Data and Defense Service Exemptions. In any
instance when technical data is exported using an exemption in this
subchapter (e.g., Sec. Sec. 125.4(b)(2), 125.4(b)(4), 126.5) from a
U.S. port, the exporter is not required to report using AES, but must,
effective January 18, 2004, provide the export data electronically to
DDTC. A copy of the electronic notification to DDTC must accompany the
technical data shipment and be made available to the Bureau of Customs
and Border Protection upon request.
Note to paragraph (b)(3)(iii): Future changes to the electronic
reporting procedure will be amended by publication of a rule in the
Federal Register. Exporters are reminded to continue maintaining
records of all export transactions, including exemption shipments,
in accordance with this subchapter.
(c) Return of Licenses. All licenses issued by the Directorate of
Defense Trade Controls (DDTC) must be returned to the DDTC in
accordance with the following: (1) License filed with the Bureau of
Customs and Border Protection). The Bureau of Customs and Border
Protection must return to the DDTC any license when the total value or
quantity authorized has been shipped or when the date of expiration is
reached, whichever occurs first.
(2) Licenses not filed with the Bureau of Customs and Border
Protection. Any license that is not filed with the Bureau of Customs
and Border Protection (e.g., oral or visual technical data releases or
temporary import and export licenses retained in accordance with
paragraph (a)(2) of this section), must be returned by the applicant to
the DDTC no later than 60 days after the license has been expended
(e.g., total value or quantity authorized has been shipped) or the date
of expiration, whichever occurs first.
0
8. Sec. 123.24 is revised to read as follows:
Sec. 123.24 Shipments by U.S. Postal Service.
(a) The export of any defense hardware using a license or exemption
in this subchapter by the U.S. Postal Service must be filed with the
Bureau of Customs and Border Protection using the Automated Export
System (AES) and the license must be filed with the Bureau of Customs
and Border Protection before any hardware is actually sent abroad by
mail. The exporter must certify the defense hardware being exported in
accordance with this subchapter by clearly marking on the package
``This export is subject to the controls of the ITAR, 22 CFR (identify
section for an exemption) or (state license number) and the export has
been electronically filed with the Bureau of Customs and Border
Protection using the Automated Export System (AES).''
(b) The export of any technical data using a license in this
subchapter by the U.S. Postal Service must be notified electronically
directly to the Directorate of Defense Trade Controls (DDTC). The
exporter, using either a license or exemption, must certify, by clearly
marking on the package, ``This export is subject to the controls of the
ITAR, 22 CFR (identify section for an exemption) or (state license
number).'' For those exports using a license, the exporter must also
state ``The export has been electronically notified directly to DDTC.''
The license must be returned to DDTC upon completion of the use of the
license (see Sec. 123.22(c)).
PART 124--AGREEMENTS, OFF-SHORE PROCUREMENT AND OTHER DEFENSE
SERVICES
0
9. The authority citation for part 124 continues to read as follows:
Authority: Sec. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22
U.S.C. 2752, 2778, 2797); E.O. 11958, 42 FR 4311, 3 CFR 1977 Comp.
p. 79; 22 U.S.C. 2658; Pub. L. 105-261.
0
10. Sec. 124.3 is amended by revising paragraph (a) to read as
follows:
Sec. 124.3 Exports of technical data in furtherance of an agreement.
(a) Unclassified technical data. The Bureau of Customs and Border
Protection or U.S. Postal authorities shall permit the export without a
license of unclassified technical data if the export is in furtherance
of a manufacturing license or technical assistance agreement which has
been approved in writing by the Directorate of Defense Trade Controls
(DDTC) and the technical data does not exceed the scope or limitations
of the relevant agreement. The approval of the DDTC must be obtained
for the export of any unclassified technical data that may exceed the
terms of the agreement.
* * * * *
PART 125--LICENSES FOR THE EXPORT OF TECHNICAL DATA AND CLASSIFIED
DEFENSE ARTICLES
0
11. The authority citation for part 125 continues to read as follows:
Authority: Sections 2 and 38, Pub. L. 90-629, 90 Stat. 744 (22
U.S.C. 2752, 2778); E.O. 11958, 42 FR 4311, 3 CFR, 1977 Comp. p. 79;
22 U.S.C. 2668.
0
12. Sec. 125.6 is revised to read as follows:
Sec. 125.6 Certification requirements for exemptions.
(a) To claim an exemption for the export of technical data under
the provisions of this subchapter (e.g., Sec. Sec. 125.4 and 125.5),
the exporter must certify that the proposed export is covered by a
relevant section of this subchapter, to include the paragraph and
applicable subparagraph. Certifications consist of clearly marking the
package or letter containing the technical data ``22 CFR [insert ITAR
exemption] applicable.'' This certification must be made in written
form and retained in the exporter's files for a period of 5 years (see
Sec. 123.22 of this subchapter).
(b) For exports that are oral, visual, or electronic the exporter
must also complete a written certification as indicated in paragraph
(a) of this section and retain it for a period of 5 years.
[[Page 61103]]
Sec. 125.8 [Removed and Reserved]
0
13. Sec. 125.8 is removed and reserved.
Dated: October 15, 2003.
John R. Bolton,
Under Secretary, Arms Control and International Security, Department of
State.
[FR Doc. 03-27039 Filed 10-24-03; 8:45 am]
BILLING CODE 4710-25-P