Podcast Beta
Questions and Answers
A license for the export of technical data can be used for foreign production purposes without obtaining approval from the Directorate of Defense Trade Controls.
False
Technical data authorized for export can be freely reexported or transferred to another country without prior approval from the Directorate of Defense Trade Controls.
False
Information in the public domain is subject to the controls outlined in this section.
False
Approval from the Directorate of Defense Trade Controls is generally provided according to the procedures specified in part 125 of this subchapter.
Signup and view all the answers
The controls outlined in this part apply to both the export of technical data and the export of classified defense articles.
Signup and view all the answers
Exporting technical data for technical assistance purposes does not require approval from the Directorate of Defense Trade Controls.
Signup and view all the answers
A DSP-5 license is required for the export of unclassified technical data, unless exempt from the licensing requirements of this subchapter.
Signup and view all the answers
A license from the Directorate of Defense Trade Controls is required for the export of technical data exceeding what is used to support a domestic patent application.
Signup and view all the answers
Unclassified technical data exports are not subject to regulations issued by the U.S. Patent and Trademark Office.
Signup and view all the answers
Visits to foreign diplomatic missions and consular offices do not require a license for disclosures of technical data by U.S. persons to foreign persons.
Signup and view all the answers
All requests for the filing of amendments, modifications, or supplements to patent applications should follow the regulations of the U.S. Patent and Trademark Office.
Signup and view all the answers
Technical data exports related to Category XX(b)(1) articles do not require a separate section in the application details.
Signup and view all the answers
An applicant for a license must provide a nontransfer and use certificate (Form DSP-83) executed only by the applicant themselves.
Signup and view all the answers
All U.S. parties on the license need to have a facility security clearance code listed in the application for authority to export classified defense articles.
Signup and view all the answers
Oral disclosure of technical data by U.S. persons to foreign persons does not require a license if done through electronic means.
Signup and view all the answers
A license is not required for retransfers authorized by a license if limited by a condition set out in an agreement.
Signup and view all the answers
During a plant visit, a license is not required for the disclosure of unclassified technical data to a foreign person if approved by the Directorate of Defense Trade Controls.
Signup and view all the answers
The exemption for disclosing technical data during a plant visit applies to data that could be used for the production of a defense article.
Signup and view all the answers
All applications for the export of classified technical data must be submitted on Form DSP-85 to the Directorate of Defense Trade Controls.
Signup and view all the answers
Classified materials accompanying an application must be transmitted to the Directorate of Defense Trade Controls according to the procedures outlined in the Department of Defense National Industrial Security Program Operating Manual.
Signup and view all the answers
The Directorate of Defense Trade Controls forwards licenses and authorizations for the export of classified technical data to the Department of Defense directly.
Signup and view all the answers
The Directorate of Defense Trade Controls returns the endorsed license to the applicant upon completion of authorized exports.
Signup and view all the answers
Technical data related to firearms exceeding caliber .50 can be exported without a license or agreement.
Signup and view all the answers
Foreign persons traveling abroad can freely export technical data without separate authorization.
Signup and view all the answers
Technical data authorized for export can be used for foreign production purposes without further approval.
Signup and view all the answers
Classified information can be freely sent outside the United States without following specific requirements.
Signup and view all the answers
Institutions of higher learning are not required to inform employees about restrictions on transferring technical data to other foreign persons.
Signup and view all the answers
Technical data related to firearms must always be accompanied by detailed design, development, production, or manufacturing information when exported.
Signup and view all the answers
Employees directly employed by a U.S. person's foreign subsidiary are allowed to export technical data without further authorization.
Signup and view all the answers
Technical data retransferred by a U.S. person must always be encrypted for security purposes.
Signup and view all the answers
Technical data disclosed by U.S. institutions of higher learning can be used for defense services without additional approval.
Signup and view all the answers
International agreements do not play a role in granting exemptions from the licensing provisions for technical data exports.
Signup and view all the answers
All exports of technical data require approval from the Directorate of Defense Trade Controls.
Signup and view all the answers
Technical data can be disclosed without approval if it is pursuant to an official written request from the U.S. Department of Defense.
Signup and view all the answers
In order to be exempt from licensing requirements, technical data for furtherance of a manufacturing license must disclose all details of design, development, and production of any defense article.
Signup and view all the answers
Revised copies of previously authorized technical data are exempt as long as they pertain to the same defense article and have editorial revisions only.
Signup and view all the answers
All technical data exports for training purposes are subject to licensing requirements under the Department of State.
Signup and view all the answers
Technical data covered by an invention secrecy order should be addressed to the Directorate of Defense Trade Controls.
Signup and view all the answers
Exports of technical data to proscribed destinations do not require approval from the Directorate of Defense Trade Controls.
Signup and view all the answers
Contracts between exporters and U.S. Government agencies must always disclose the details of design, development, and production of defense articles.
Signup and view all the answers
Transmissions of classified information must comply with the Department of Defense National Industrial Security Program Operating Manual unless in conflict with guidance from another authority.
Signup and view all the answers
All proposed exports to foreign persons in a foreign country require approval from the Directorate of Defense Trade Controls.
Signup and view all the answers
Defense services and related unclassified technical data are always exempt from licensing requirements under this subchapter.
Signup and view all the answers
An official written request or directive from an authorized official of the U.S. Department of Defense is required for exporting defense services and technical data to NATO countries, Australia, Japan, and Sweden.
Signup and view all the answers
Exports of defense services and technical data must include design methodology, engineering analysis, manufacturing know-how, and applied research according to § 120.43 of this subchapter.
Signup and view all the answers
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.
Signup and view all the answers
The disclosure of oral and visual classified information to a foreign person during a plant visit requires approval from the Directorate of Defense Trade Controls.
Signup and view all the answers
A plant visit approved by the U.S. Government agency can involve disclosing classified information to a foreign person without exceeding the approved limits.
Signup and view all the answers
The requirements of the Department of Defense National Industrial Security Program Operating Manual must always be followed during a plant visit involving classified information.
Signup and view all the answers
Unclassified information disclosed during a classified plant visit must not reveal the details of the design, development, production, or manufacture of any other defense articles.
Signup and view all the answers
Approval from the cognizant U.S. Government department or agency is necessary for technical data to be exempt under part 126 of this subchapter.
Signup and view all the answers
To qualify for an exemption, technical data does not need to be published but must be approved by the cognizant U.S. Government department or agency for public release.
Signup and view all the answers
Study Notes
Export of Technical Data and Classified Defense Articles
- Classified technical data and classified defense articles require a license for export, unless exempted under specific provisions.
- Exemptions apply to exports of technical data for which approval is not needed from the Directorate of Defense Trade Controls.
- The Directorate of Defense Trade Controls must approve exports of technical data to foreign persons in the U.S. or abroad, unless exempted under specific provisions.
Exemptions of General Applicability
- The following exports are exempt from licensing requirements:
- Technical data to be disclosed pursuant to an official written request or directive from the U.S. Department of Defense.
- Technical data in furtherance of a manufacturing license or technical assistance agreement approved by the Department of State.
- Technical data in furtherance of a contract between the exporter and an agency of the U.S. Government.
- Copies of technical data previously authorized for export to the same recipient.
- Technical data in the form of basic operations, maintenance, and training information relating to a defense article lawfully exported or authorized for export to the same recipient.
Disclosures and Licensing
- A license is required for the oral, visual, or documentary disclosure of technical data by U.S. persons to foreign persons.
- A license is required for the export of technical data whenever the data exceeds that which is used to support a domestic filing of a patent application or to support a foreign filing of a patent application.
- Disclosures of unclassified technical data in the U.S. by U.S. institutions of higher learning to foreign persons who are their bona fide and full-time regular employees are exempt from licensing requirements.
Classified Technical Data and Classified Defense Articles
- A license is required for the export of classified technical data and classified defense articles.
- The Directorate of Defense Trade Controls must approve applications for the export of classified technical data and classified defense articles.
- Classified information must be sent or taken outside the United States in accordance with the requirements of the Department of Defense National Industrial Security Program Operating Manual.
Procedures for Export of Classified Technical Data and Classified Defense Articles
- Applications for the export of classified technical data and classified defense articles must be submitted to the Directorate of Defense Trade Controls on Form DSP-85.
- An application for the export of classified technical data or classified defense articles must be accompanied by a completed form DSP-83.
- Classified materials accompanying an application must be transmitted to the Directorate of Defense Trade Controls in accordance with the procedures contained in the Department of Defense National Industrial Security Program Operating Manual.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Test your knowledge of export control laws with this quiz covering Part 125 of the U.S. regulations. Learn about licenses for the export of technical data and classified defense articles as per 22 U.S.C. regulations.
