[Code of Federal Regulations]
[Title 22, Volume 1, Parts 1 to 299]
[Revised as of April 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR125.3]

[Page 376-377]
 
                       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. 125.3  Exports of classified technical data and classified defense articles.

    (a) A request for authority to export defense articles, including 
technical data, classified by a foreign government or pursuant to 
Executive Order 12356, successor orders, or other legal authority must 
be submitted to the Office of Defense Trade Controls for approval. The 
application must contain full details of the proposed transaction. It 
should also list the facility security clearance code of all U.S. 
parties on the license and include the Defense Investigative Service 
cognizant security office of the party responsible for packaging the 
commodity for shipment. A nontransfer and use certificate (Form DSP-83) 
executed by the applicant, foreign consignee, end-user and an authorized 
representative of the foreign government involved will be required.
    (b) Classified technical data which is approved by the Office of 
Defense Trade Controls either for export or reexport after a temporary 
import will be transferred or disclosed only in accordance with the 
requirements in the Department of Defense Industrial Security Manual. 
Any other requirements imposed by cognizant U.S. departments and 
agencies must also be satisfied.
    (c) The approval of the Office of Defense Trade Controls must be 
obtained for the export of technical data by a U.S. person to a foreign 
person in the

[[Page 377]]

U.S. or in a foreign country unless the proposed export is exempt under 
the provisions of this subchapter.
    (d) All communications relating to a patent application covered by 
an invention secrecy order are to be addressed to the U.S. Patent and 
Trademark Office (see 37 CFR 5.11).