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 is to 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 three 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.

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.

PART 124-LICENSE AND TECHNICAL ASSISTANCE AGREEMENTS

Sec. 124.01 124.02 124.03

Manufacturing license agreements. Technical assistance agreements. Exportation of technical data in furtherance of an agreement. 124.04 Required provisions in agreements.

AUTHORITY: The provisions of this Part 124 issued under sec. 414, as amended, 68 Stat. 848; 22 U.S.C. 1934, sec. 103, E.O. 10575, 19 F.R. 7251, 3 CFR, 1954-1958 Comp.

SOURCE: The provisions of this Part 124 contained in Departmental Regulation 108.425, 25 F.R. 1827, Mar. 2, 1960, unless otherwise noted.

§ 124.01 Manufacturing license agree

Agreements entered into between persons or companies residing 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 United States foreign policy and military security.

§ 123.03 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 United States 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 technique over the United States Munitions

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

(1) The equipment and technology involved;

(2) The 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 which would be 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.

(b) (1) It is the policy of the United States Government not to pay or allow to be paid in connection with purchases made with Mutual Security Program 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 Mutual Security 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) agreements shall be written in such a way as to provide that (i) purchases of items by or for the United States Government, or with funds derived through the Mutual Security Program, will not include a charge (a) for technical data in the possession of the United States Government, or in which the United States Government has a right to possession, and regarding which there is no prohibition against use by the United States Government and disclosure to others and (b)

Sec.

125.01

PART 125-TECHNICAL

INFORMATION

§ 125.11

DEFINITIONS AND INTERPRETATIONS

Technical data.

125.02 Classified information.

TRANSMISSION OF INFORMATION

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 United States 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 participation in symposia. § 125.12

Transmission of classified in

(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 is included in any application 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 six months of the pendency of a patent application. After six 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 military information will be involved in a proposed exportation. A letter must be submitted to the Department containing full details of the proposed transaction, accompanied by documentation in triplicate to assist in the consideration of the proposal.

§ 125.21 Government agency shipments.

An export license is not required when the shipment is made by the United States 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.)

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:

(a) If they are in published form and subject to public dissemination by being: (1) Sold at newsstands and bookstores;

(2) Available by subscription of purchase to any individual without restriction;

(3) Granted second class mailing privileges by the United States Government; or

(b) If they are technical data related to United States Munitions List items which have been reviewed and approved for public release by an authorized agency of the Department of Defense.

(c) When the technical data are being exported in furtherance of a manufacturing license or technical assistance agreement as set forth in § 124.03.

(d) When the technical data are being exported in furtherance of a contract with an agency of the United States Government or a contract between an agency of the United States Government and a foreign manufacturer or other foreign entity, provided the contract specifically calls for transmission of relevant technical data.

(e) When the technical data relate to firearms not in excess of caliber .50 and

ammunition for such weapons except unclassified technical data containing advanced designs, processes and manufacturing techniques.

(f) When the technical data relate to sales bulletins, operational maintenance manuals, and sales promotion manuals covering equipment, the exportation of which has been authorized.

(g) When the technical data consist of additional copies of sales bulletins, operational, maintenance, sales promotional manuals previously approved for export to these destinations.

§ 125.31 Importation of technical data. A license is not required for the importation of technical data.

MAILING AND SHIPPING PROCEDURES § 125.40 Certification requirements.

If the exporter wishes to claim the benefit of an exemption from the requirement of an individual license in accordance with the provisions of § 125.30, he is required to certify that the proposed exportation is covered by one of the provisions of that section. He may so certify by marking the package or letter "22 CFR 125.30 --appli

cable", identifying the specific subsection or subsections under which the exemption is claimed. § 125.41

Clearance of exports.

Licenses covering technical data exports must be presented to the appropriate collector of customs or postal authority when shipment is made.

§ 125.42 Sino-Soviet bloc destinations.

The exemptions provided in this part do not apply to the following destinations: the Soviet Union, Soviet bloc countries, Communist China, North Korea, any of the territories of Viet-Nam which are under de facto control of the Communists, or any other area that may come under Communist control.