15 CFR 734.8(b)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 15 CFR 734.8(b) | status: Basic | banner: CUI.
- DoD authority row: 15 CFR 734.8(b). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 15 CFR 734.8(b) | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
- Registry designation for this category is Basic.
Extracted authority meaning
- Order issued pursuant to part 766 of the
- Registry designation context: Basic. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
Operating conditions
- NARA category scope used with this authority: Related to the systematic investigation into and study of materials and sources in order to establish facts and reach new conclusions.
- DoD category scope used with this authority: Related to the systematic investigation into and study of materials and sources in order to establish facts and reach new conclusions.
- 15 CFR 734.8(b) | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to the systematic investigation into and study of materials and sources in order to establish facts and reach new conclusions.
- Extracted authority condition: Fundamental research means research in science, engineering, or mathematics, the results of which ordinarily are pub- lished and shared broadly within the research community, and for which the researchers have not accepted restric- tions for proprietary or national secu- rity reasons. [81 FR 35603, June 3, 2016] § 734.9 [Reserved] § 734.10 Patents. ‘‘Technology’’ is not subject to the EAR if it is contained in any of the fol- lowing: (a) A patent or an open (published) patent application available from or at any patent office; (b) A published patent or patent ap- plication prepared wholly from foreign- origin ‘‘technology’’ where the applica- tion is being sent to the foreign inven- tor to be executed and returned to the United States for subsequent filing in the U.S.
- Extracted authority condition: 239 Bureau of Industry and Security, Commerce § 734.10 § 734.7(a)(5)(ii) for information released to re- searchers that is ‘‘published.’’) N OTE2 TO PARAGRAPH(a): There are in- stances in the conduct of research where a researcher, institution or company may de- cide to restrict or protect the release or pub- lication of ‘‘technology’’ or ‘‘software’’ con- tained in research results.
- Extracted authority condition: You may also submit a request to the De- partment of State, Directorate of De- fense Trade Controls, for a formal ju- risdictional determination regarding the commodity, software, technology, or activity at issue; or in ITAR terms, the defense article, technical data or defense service at issue (see 22 CFR 120.4).
- Extracted authority condition: (b) Prepublication review. ‘‘Tech- nology’’ or ‘‘software’’ that arises dur- ing, or results, from fundamental re- search is intended to be published to the extent that the researchers are free to publish the ‘‘technology’’ or ‘‘soft- ware’’ contained in the research with- out restriction. ‘‘Technology’’ or ‘‘software’’ that arises during or re- sults from fundamental research sub- ject to prepublication review is still in- tended to be published when: (1) Prepublication review is con- ducted solely to ensure that publica- tion would not compromise patent rights, so long as the review causes no more than a temporary delay in publi- cation of the research results; (2) Prepublication review is con- ducted by a sponsor of research solely to insure that the publication would not inadvertently divulge proprietary information that the sponsor has fur- nished to the researchers; or (3) With respect to research con- ducted by scientists or engineers work- ing for a Federal agency or a Federally Funded Research and Development Center (FFRDC), the review is con- ducted within any appropriate system devised by the agency or the FFRDC to control the release of information by such scientists and engineers.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic
- Nara authority rows: 15 CFR 734.8(b) | status: Basic | banner: CUI
- Nara banner markings: CUI
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: (a) Except as set forth in paragraph (b) of this section, unclassified ‘‘tech- nology’’ or ‘‘software’’ is ‘‘published,’’ and is thus not ‘‘technology’’ or ‘‘soft- ware’’ subject to the EAR, when it has been made available to the public with- out restrictions upon its further dis- semination such as through any of the following: (1) Subscriptions available without restriction to any individual who de- sires to obtain or purchase the pub- lished information; (2) Libraries or other public collec- tions that are open and available to the public, and from which the public can obtain tangible or intangible docu- ments; (3) Unlimited distribution at a con- ference, meeting, seminar, trade show, or exhibition, generally accessible to the interested public; (4) Public dissemination (i.e., unlim- ited distribution) in any form (e.g., not necessarily in published form), includ- ing posting on the Internet on sites available to the public; or (5) Submission of a written composi- tion, manuscript, presentation, com- puter-readable dataset, formula, im- agery, algorithms, or some other rep- resentation of knowledge with the in- tention that such information will be made publicly available if accepted for publication or presentation: (i) To domestic or foreign co-authors, editors, or reviewers of journals, maga- zines, newspapers or trade publica- tions;...
- Extracted authority control: N OTE3 TO PARAGRAPH(b): ‘‘Technology’’ or ‘‘software’’ resulting from U.S. government funded research that is subject to govern- ment-imposed access and dissemination or other specific national security controls qualifies as ‘‘technology’’ or ‘‘software’’ re- sulting from fundamental research, provided that all government-imposed national secu- rity controls have been satisfied and the re- searchers are free to publish the ‘‘tech- nology’’ or ‘‘software’’ contained in the re- search without restriction.
- Extracted authority control: Examples of spe- cific national security controls include re- quirements for prepublication review by the Government, with right to withhold permis- sion for publication; restrictions on pre- publication dissemination of information to non-U.S. citizens or other categories of per- sons; or restrictions on participation of non- U.S. citizens or other categories of persons in the research.
- Extracted authority control: 239 Bureau of Industry and Security, Commerce § 734.10 § 734.7(a)(5)(ii) for information released to re- searchers that is ‘‘published.’’) N OTE2 TO PARAGRAPH(a): There are in- stances in the conduct of research where a researcher, institution or company may de- cide to restrict or protect the release or pub- lication of ‘‘technology’’ or ‘‘software’’ con- tained in research results.
- Extracted authority control: (b) Prepublication review. ‘‘Tech- nology’’ or ‘‘software’’ that arises dur- ing, or results, from fundamental re- search is intended to be published to the extent that the researchers are free to publish the ‘‘technology’’ or ‘‘soft- ware’’ contained in the research with- out restriction. ‘‘Technology’’ or ‘‘software’’ that arises during or re- sults from fundamental research sub- ject to prepublication review is still in- tended to be published when: (1) Prepublication review is con- ducted solely to ensure that publica- tion would not compromise patent rights, so long as the review causes no more than a temporary delay in publi- cation of the research results; (2) Prepublication review is con- ducted by a sponsor of research solely to insure that the publication would not inadvertently divulge proprietary information that the sponsor has fur- nished to the researchers; or (3) With respect to research con- ducted by scientists or engineers work- ing for a Federal agency or a Federally Funded Research and Development Center (FFRDC), the review is con- ducted within any appropriate system devised by the agency or the FFRDC to control the release of information by such scientists and engineers.
Authority excerpts
Most relevant extracted authority passage
(a) Except as set forth in paragraph (b) of this section, unclassified ‘‘tech- nology’’ or ‘‘software’’ is ‘‘published,’’ and is thus not ‘‘technology’’ or ‘‘soft- ware’’ subject to the EAR, when it has been made available to the public with- out restrictions upon its further dis- semination such as through any of the following: (1) Subscriptions available without restriction to any individual who de- sires to obtain or purchase the pub- lished information; (2) Libraries or other public collec- tions that are open and available to the public, and from which the public can obtain tangible or intangible docu- ments; (3) Unlimited distribution at a con- ference, meeting, seminar, trade show, or exhibition, generally accessible to the interested public; (4) Public dissemination (i.e., unlim- ited distribution) in any form (e.g., not necessarily in published form), includ- ing posting on the Internet on sites available to the public; or (5) Submission of a written composi- tion, manuscript, presentation, com- puter-readable dataset, formula, im- agery, algorithms, or some other rep- resentation of knowledge with the in- tention that such information will be made publicly available if accepted for publication or presentation: (i) To domestic or foreign co-authors, editors, or reviewers of journals, maga- zines, newspapers or trade publica- tions;...
Extracted authority passage 2
N OTE3 TO PARAGRAPH(b): ‘‘Technology’’ or ‘‘software’’ resulting from U.S. government funded research that is subject to govern- ment-imposed access and dissemination or other specific national security controls qualifies as ‘‘technology’’ or ‘‘software’’ re- sulting from fundamental research, provided that all government-imposed national secu- rity controls have been satisfied and the re- searchers are free to publish the ‘‘tech- nology’’ or ‘‘software’’ contained in the re- search without restriction.
Extracted authority passage 3
Examples of spe- cific national security controls include re- quirements for prepublication review by the Government, with right to withhold permis- sion for publication; restrictions on pre- publication dissemination of information to non-U.S. citizens or other categories of per- sons; or restrictions on participation of non- U.S. citizens or other categories of persons in the research.
Extracted authority passage 4
239 Bureau of Industry and Security, Commerce § 734.10 § 734.7(a)(5)(ii) for information released to re- searchers that is ‘‘published.’’) N OTE2 TO PARAGRAPH(a): There are in- stances in the conduct of research where a researcher, institution or company may de- cide to restrict or protect the release or pub- lication of ‘‘technology’’ or ‘‘software’’ con- tained in research results.
Extracted authority passage 5
(b) Prepublication review. ‘‘Tech- nology’’ or ‘‘software’’ that arises dur- ing, or results, from fundamental re- search is intended to be published to the extent that the researchers are free to publish the ‘‘technology’’ or ‘‘soft- ware’’ contained in the research with- out restriction. ‘‘Technology’’ or ‘‘software’’ that arises during or re- sults from fundamental research sub- ject to prepublication review is still in- tended to be published when: (1) Prepublication review is con- ducted solely to ensure that publica- tion would not compromise patent rights, so long as the review causes no more than a temporary delay in publi- cation of the research results; (2) Prepublication review is con- ducted by a sponsor of research solely to insure that the publication would not inadvertently divulge proprietary information that the sponsor has fur- nished to the researchers; or (3) With respect to research con- ducted by scientists or engineers work- ing for a Federal agency or a Federally Funded Research and Development Center (FFRDC), the review is con- ducted within any appropriate system devised by the agency or the FFRDC to control the release of information by such scientists and engineers.
Extracted authority passage 6
Fundamental research means research in science, engineering, or mathematics, the results of which ordinarily are pub- lished and shared broadly within the research community, and for which the researchers have not accepted restric- tions for proprietary or national secu- rity reasons. [81 FR 35603, June 3, 2016] § 734.9 [Reserved] § 734.10 Patents. ‘‘Technology’’ is not subject to the EAR if it is contained in any of the fol- lowing: (a) A patent or an open (published) patent application available from or at any patent office; (b) A published patent or patent ap- plication prepared wholly from foreign- origin ‘‘technology’’ where the applica- tion is being sent to the foreign inven- tor to be executed and returned to the United States for subsequent filing in the U.S.
22 CFR 120
Listed by: DoD Registry, Related authorities
Designation evidence
- DoD authority row: 22 CFR 120. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic.
Extracted authority meaning
- SUBCHAPTER M—INTERNATIONAL TRAFFIC IN ARMS
- Registry designation context: Basic. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- DoD category scope used with this authority: Related to the systematic investigation into and study of materials and sources in order to establish facts and reach new conclusions.
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to the systematic investigation into and study of materials and sources in order to establish facts and reach new conclusions.
- Extracted authority condition: Cus- toms and Border Protection shall per- mit U.S. persons to export temporarily from the United States without a li- cense one set of body armor covered by Category X(a)(1) of this subchapter pro- vided that: (1) A declaration by the U.S. person and an inspection by a customs officer is made; (2) The body armor is with the U.S. person’s baggage or effects, whether ac- companied or unaccompanied (but not mailed); (3) The body armor is for that per- son’s exclusive use and not for re-ex- port or other transfer of ownership; and (4) If the body armor is lost or other- wise not returned to the United States, a detailed report must be submitted to the Office of Defense Trade Controls Compliance in § 127.12(c)(2) of this sub- chapter entitled ‘‘Voluntary disclo- sures.’’ (g) The license exemption set forth in paragraph (f) of this section is also available for the temporary export of body armor for personal use to Afghan- istan and to Iraq provided that:
- Extracted authority condition: Customs and Border Protection shall permit, without a license, the permanent ex- port, and temporary export and return to the United States, by accredited U.S. institutions of higher learning of articles fabricated only for funda- mental research purposes otherwise controlled by Category XV (a) or (e) in § 121.1 of this subchapter when all of the following conditions are met: (i) The export is to an accredited in- stitution of higher learning, a govern- mental research center or an estab- lished government funded private re- search center located within countries of the North Atlantic Treaty Organiza- tion (NATO) or countries which have been designated in accordance with section 517 of the Foreign Assistance Act of 1961 as a major non-NATO ally (and as defined further in section 644(q) of that Act) for purposes of that Act and the Arms Export Control Act, or countries that are members of the Eu- ropean Space Agency or the European Union and involves exclusively nation- als of such countries; (ii) All of the information about the article(s), including its design, and all of the resulting information obtained through fundamental research involv- ing the article will be published and shared broadly within the scientific community, and is not restricted for proprietary reasons or specific U.S....
- Extracted authority condition: (a) A person who is required to reg- ister must maintain records concerning the manufacture, acquisition and dis- position (to include copies of all docu- mentation on exports using exemptions and applications and licenses and their related documentation), of defense ar- ticles; of technical data; the provision of defense services; brokering activi- ties; and information on political con- tributions, fees, or commissions fur- nished or obtained, as required by part 130 of this subchapter.
- Extracted authority condition: (a) All information reported and records maintained under this part will be made available, upon request for utilization by standing committees of
- Extracted authority condition: Exporters using special authorizations are required to establish an electronic system for keeping records of all defense articles, defense services and technical data ex- ported and comply with all applicable requirements for submitting shipping or export information within the allot- ted time. [65 FR 45285, July 21, 2000, as amended at 66 FR 35900, July 10, 2001; 71 FR 20548, Apr. 21, 2006] § 126.15 Expedited processing of li- cense applications for the export of defense articles and defense serv- ices to Australia or the United Kingdom.
- Extracted authority condition: (a) Technical data means, for purposes of this subchapter: (1) Information, other than software as defined in § 120.10(a)(4), which is re- quired for the design, development, production, manufacture, assembly, op- eration, repair, testing, maintenance or modification of defense articles.
Safeguarding and dissemination controls
- Nara basic or specified: Basic
- Nara authority rows: 15 CFR 734.8(b) | status: Basic | banner: CUI
- Nara banner markings: CUI
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: Customs and Border Protection shall permit, without a license, the permanent ex- port, and temporary export and return to the United States, by accredited U.S. institutions of higher learning of articles fabricated only for funda- mental research purposes otherwise controlled by Category XV (a) or (e) in § 121.1 of this subchapter when all of the following conditions are met: (i) The export is to an accredited in- stitution of higher learning, a govern- mental research center or an estab- lished government funded private re- search center located within countries of the North Atlantic Treaty Organiza- tion (NATO) or countries which have been designated in accordance with section 517 of the Foreign Assistance Act of 1961 as a major non-NATO ally (and as defined further in section 644(q) of that Act) for purposes of that Act and the Arms Export Control Act, or countries that are members of the Eu- ropean Space Agency or the European Union and involves exclusively nation- als of such countries; (ii) All of the information about the article(s), including its design, and all of the resulting information obtained through fundamental research involv- ing the article will be published and shared broadly within the scientific community, and is not restricted for proprietary reasons or specific U.S....
- Extracted authority control: Customs and Border Protection shall permit the export of components or spare parts (for exemptions for firearms and am- munition see § 123.17) without a license when the total value does not exceed $500 in a single transaction and: (i) The components or spare parts are being exported to support a defense ar- ticle previously authorized for export; and (ii) The spare parts or components are not going to a distributor, but to a previously approved end-user of the de- fense articles; and (iii) The spare parts or components are not to be used to enhance the capa- bility of the defense article; (iv) Exporters shall not split orders so as not to exceed the dollar value of this exemption; (v) The exporter may not make more than 24 shipments per calendar year to the previously authorized end user; (vi) The exporter must certify on the Shipper’s Export Declaration that the export is exempt from the licensing re- quirements of this subchapter.
- Extracted authority control: Customs and Border Protection (e.g., oral or vis- ual technical data releases or tem- porary import and export licenses re- tained 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. [68 FR 61101, Oct. 27, 2003, as amended at 70 FR 50962, Aug. 29, 2005] § 123.23 Monetary value of shipments.
- Extracted authority control: Customs and Border Protection shall permit the temporary export without a license by a U.S. person of any unclassified com- ponent, part, tool or test equipment to a subsidiary, affiliate or facility owned or controlled by the U.S. person (see § 122.2(c) of this subchapter) if the com- ponent, part, tool or test equipment is to be used for manufacture, assembly, testing, production, or modification provided: (i) The U.S. person is registered with the Directorate of Defense Trade Con- trols and complies with all require- ments set forth in part 122 of this sub- chapter; (ii) No defense article exported under this exemption may be sold or trans- ferred without the appropriate license or other approval from the Directorate of Defense Trade Controls.
- Extracted authority control: Cus- toms and Border Protection shall per- mit U.S. persons to export temporarily from the United States without a li- cense one set of body armor covered by Category X(a)(1) of this subchapter pro- vided that: (1) A declaration by the U.S. person and an inspection by a customs officer is made; (2) The body armor is with the U.S. person’s baggage or effects, whether ac- companied or unaccompanied (but not mailed); (3) The body armor is for that per- son’s exclusive use and not for re-ex- port or other transfer of ownership; and (4) If the body armor is lost or other- wise not returned to the United States, a detailed report must be submitted to the Office of Defense Trade Controls Compliance in § 127.12(c)(2) of this sub- chapter entitled ‘‘Voluntary disclo- sures.’’ (g) The license exemption set forth in paragraph (f) of this section is also available for the temporary export of body armor for personal use to Afghan- istan and to Iraq provided that:
- Extracted authority control: (3) The violation(s) in question, de- spite the voluntary nature of the dis- closure, may merit penalties, adminis- trative actions, sanctions, or referrals to the Department of Justice to con- sider criminal prosecution.
- Extracted authority control: (a) Empowered Official means a U.S. person who: (1) Is directly employed by the appli- cant or a subsidiary in a position hav- ing authority for policy or manage- ment within the applicant organiza- tion; and (2) Is legally empowered in writing by the applicant to sign license applica- tions or other requests for approval on behalf of the applicant; and (3) Understands the provisions and requirements of the various export con- trol statutes and regulations, and the criminal liability, civil liability and administrative penalties for violating the Arms Export Control Act and the International Traffic in Arms Regula- tions; and (4) Has the independent authority to: (i) Enquire into any aspect of a pro- posed export or temporary import by the applicant, and (ii) Verify the legality of the trans- action and the accuracy of the infor- mation to be submitted; and (iii) Refuse to sign any license appli- cation or other request for approval without prejudice or other adverse re- course.
Authority excerpts
Most relevant extracted authority passage
Customs and Border Protection shall permit, without a license, the permanent ex- port, and temporary export and return to the United States, by accredited U.S. institutions of higher learning of articles fabricated only for funda- mental research purposes otherwise controlled by Category XV (a) or (e) in § 121.1 of this subchapter when all of the following conditions are met: (i) The export is to an accredited in- stitution of higher learning, a govern- mental research center or an estab- lished government funded private re- search center located within countries of the North Atlantic Treaty Organiza- tion (NATO) or countries which have been designated in accordance with section 517 of the Foreign Assistance Act of 1961 as a major non-NATO ally (and as defined further in section 644(q) of that Act) for purposes of that Act and the Arms Export Control Act, or countries that are members of the Eu- ropean Space Agency or the European Union and involves exclusively nation- als of such countries; (ii) All of the information about the article(s), including its design, and all of the resulting information obtained through fundamental research involv- ing the article will be published and shared broadly within the scientific community, and is not restricted for proprietary reasons or specific U.S....
Extracted authority passage 2
Customs and Border Protection shall permit the export of components or spare parts (for exemptions for firearms and am- munition see § 123.17) without a license when the total value does not exceed $500 in a single transaction and: (i) The components or spare parts are being exported to support a defense ar- ticle previously authorized for export; and (ii) The spare parts or components are not going to a distributor, but to a previously approved end-user of the de- fense articles; and (iii) The spare parts or components are not to be used to enhance the capa- bility of the defense article; (iv) Exporters shall not split orders so as not to exceed the dollar value of this exemption; (v) The exporter may not make more than 24 shipments per calendar year to the previously authorized end user; (vi) The exporter must certify on the Shipper’s Export Declaration that the export is exempt from the licensing re- quirements of this subchapter.
Extracted authority passage 3
Customs and Border Protection (e.g., oral or vis- ual technical data releases or tem- porary import and export licenses re- tained 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. [68 FR 61101, Oct. 27, 2003, as amended at 70 FR 50962, Aug. 29, 2005] § 123.23 Monetary value of shipments.
Extracted authority passage 4
Customs and Border Protection shall permit the temporary export without a license by a U.S. person of any unclassified com- ponent, part, tool or test equipment to a subsidiary, affiliate or facility owned or controlled by the U.S. person (see § 122.2(c) of this subchapter) if the com- ponent, part, tool or test equipment is to be used for manufacture, assembly, testing, production, or modification provided: (i) The U.S. person is registered with the Directorate of Defense Trade Con- trols and complies with all require- ments set forth in part 122 of this sub- chapter; (ii) No defense article exported under this exemption may be sold or trans- ferred without the appropriate license or other approval from the Directorate of Defense Trade Controls.
Extracted authority passage 5
Cus- toms and Border Protection shall per- mit U.S. persons to export temporarily from the United States without a li- cense one set of body armor covered by Category X(a)(1) of this subchapter pro- vided that: (1) A declaration by the U.S. person and an inspection by a customs officer is made; (2) The body armor is with the U.S. person’s baggage or effects, whether ac- companied or unaccompanied (but not mailed); (3) The body armor is for that per- son’s exclusive use and not for re-ex- port or other transfer of ownership; and (4) If the body armor is lost or other- wise not returned to the United States, a detailed report must be submitted to the Office of Defense Trade Controls Compliance in § 127.12(c)(2) of this sub- chapter entitled ‘‘Voluntary disclo- sures.’’ (g) The license exemption set forth in paragraph (f) of this section is also available for the temporary export of body armor for personal use to Afghan- istan and to Iraq provided that:
Extracted authority passage 6
(a) A person who is required to reg- ister must maintain records concerning the manufacture, acquisition and dis- position (to include copies of all docu- mentation on exports using exemptions and applications and licenses and their related documentation), of defense ar- ticles; of technical data; the provision of defense services; brokering activi- ties; and information on political con- tributions, fees, or commissions fur- nished or obtained, as required by part 130 of this subchapter.