[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR125.5]

[Page 467-468]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 125--LICENSES FOR THE EXPORT OF TECHNICAL DATA AND CLASSIFIED DEFENSE ARTICLES--Table of Contents
 
Sec. 125.5  Exemptions for plant visits.

    (a) A license is not required for the oral and visual disclosure of 
unclassified technical data during the course of a classified plant 
visit by a foreign person, provided (1) the classified visit has itself 
been authorized pursuant to a license issued by the Office of Defense 
Trade Controls; or (2) the classified visit was approved in connection 
with an actual or potential government-to-government program or project 
by a U.S. Government agency having classification jurisdiction over the 
classified defense article or classified technical data involved under 
Executive Order 12356 or other applicable Executive Order; and (3) the 
unclassified information to be released is directly related to the 
classified defense article or technical data for which approval was 
obtained and does not disclose the details of the design, development, 
production

[[Page 468]]

or manufacture of any other defense articles. In the case of visits 
involving classified information, the requirements of the Defense 
Industrial Security Manual (Department of Defense Manual 5220.22M) must 
be met.
    (b) The approval of the Office of Defense Trade Controls is not 
required for the disclosure of oral and visual classified information to 
a foreign person during the course of a plant visit approved by the 
appropriate U.S. Government agency if (1) the requirements of the 
Defense Industrial Security Manual have been met, (2) the classified 
information is directly related to that which was approved by the U.S. 
Government agency, (3) it does not exceed that for which approval was 
obtained, and (4) it does not disclose the details of the design, 
development, production or manufacture of any defense articles.
    (c) A license is not required for the disclosure to a foreign person 
of unclassified technical data during the course of a plant visit 
(either classified or unclassified) approved by the Office of Defense 
Trade Controls or a cognizant U.S. Government agency provided the 
technical data does not contain information in excess of that approved 
for disclosure. This exemption does not apply to technical data which 
could be used for design, development, production or manufacture of a 
defense article.