22 cfr 130

Applicant refers to any person who applies for a license valued at $100,000 for the export of defense articles.

The Armed forces include only the army, navy, marine, and air force of a foreign country.

The provisions of Part 130 implement the reporting requirement stipulated in Section 39(a) of the Arms Export Control Act.

An applicant is defined as only a person who receives a license for exporting defense services.

The definitions applicable to Part 130 are included in Sections 130.2 through 130.9.

Military units assigned to an international organization are not considered part of the Armed forces.

An applicant must inform the Directorate of Defense Trade Controls if they have paid political contributions in an aggregate amount of $5,000 or more.

The requirements to inform the Directorate of Defense Trade Controls do not apply if all the necessary information has already been furnished.

Suppliers must inform the Directorate of Defense Trade Controls about fees or commissions in an aggregate amount of $50,000 or more.

Political contributions paid by vendors on behalf of the applicant need not be reported to the Directorate of Defense Trade Controls.

An applicant must furnish information to the Directorate of Defense Trade Controls within 15 days after contract award.

Failure to report political contributions or fees may result in no consequences for the applicant or supplier.

Informing the Directorate of Defense Trade Controls about political contributions is only necessary if they exceed $10,000.

All political contributions are deemed to be made by the applicant even if they were paid by their vendors.

A detailed statement explaining why information was not furnished must be included with any subsequent report.

The requirements in this section are only applicable to sales involving the Department of State.

A fee or commission refers to any loan, gift, donation, or other payment of $1,000 or more made directly or indirectly for the promotion of a sale of defense articles.

General advertising or promotional expenses that are not directed to any specific sale or purchaser are considered as fees or commissions.

Political contributions include any payment of $1,000 or more made directly or indirectly for the benefit of any foreign candidate or political party.

Taxes, customs duties, and other required charges are considered as political contributions.

A supplier is defined as any person who enters into a contract with the Department of Defense for the sale of defense articles valued at $100,000 or more.

Vendor includes distributors and manufacturers who provide defense articles valued at $500,000 or more to an applicant or supplier.

A vendor can furnish defense articles or services valued at $500,000 or more to be delivered to the armed forces of a foreign country without requiring a license.

Defense services are defined based on the definitions provided in paragraphs (2) and (6) of section 47 of the Arms Export Control Act.

When dealing with commercial sales, the definitions for defense articles and defense services from sections 120.31 and 120.32 are applicable.

A fee or commission excludes payments made for political contributions or normal salaries to regular employees.

The total contract price of the sale to the foreign purchaser must always be reported to the Directorate of Defense Trade Controls.

The person who paid each political contribution must be reported to the Directorate of Defense Trade Controls.

Only cash payments need to be reported with respect to each payment in § 130.10(b)(1).

If payments don't exceed $2,500 for political contributions, detailed information is not required.

Every applicant or supplier must submit a supplementary report if the initial information reported is no longer accurate or complete.

A supplier is not required to report additional details if requested by the Directorate of Defense Trade Controls about miscellaneous payments.

Applicants or suppliers do not have to respond fully to each subdivision of paragraphs (a) and (b) in § 130.10.

A person must provide an estimate of the amount offered or agreed to be paid if precise amounts are not available for a payment already made.

$2,500 is the threshold for reporting detailed information on fees or commissions in § 130.10(c).

Applicants or suppliers are only required to submit a supplementary report if political contributions exceed $2,500.

An applicant, supplier, or vendor who has paid a fee or commission in respect of a sale must obtain a timely statement disclosing all political contributions made by the person receiving the fee or commission.

Each vendor must maintain records based on their reports for at least two years following the date of the report.

Confidential business information can be published or disclosed without authorization from the person who identified it as such.

Submitting reports under Part 130 relieves individuals from the requirement to provide information to any government agency as needed by law, regulation, or contract.

All confidential business information provided under Part 130 is entirely exempt from disclosure to foreign governments under any circumstances.

An applicant, supplier, or vendor is not required to include political contributions made by the person who received a fee or commission when determining reporting obligations.

Every person who receives a fee or commission in respect of a sale is required to furnish reports of their political contributions from time to time.

Applicants, suppliers, and vendors are obligated to maintain records of information they were required to obtain or furnish for at least five years after the date of the report.

Information reported and records maintained under Part 130 are confidential and cannot be accessed by any government agencies.

Any person, including an applicant or supplier, is allowed to disclose confidential business information identified by a vendor without any legal consequences.

Applicants must submit supplementary reports to the Directorate of Defense Trade Controls within 20 days after the payment, offer, or agreement reported.

Vendors must disclose all political contributions and fees paid with respect to a sale to every applicant or supplier.

If a vendor believes that providing information to an applicant or supplier would risk injury to commercial interests, they can provide an extended statement instead.

Vendors have 15 days to furnish an initial statement to an applicant or supplier upon request.

An applicant or supplier must submit a report to the Directorate of Defense Trade Controls if a vendor fails to comply with providing the initial statement.

Failure of a vendor to comply with providing information does not relieve the applicant or supplier from submitting a report.

Vendors are not required to report any information directly to the Directorate of Defense Trade Controls if they provide an abbreviated statement to an applicant or supplier.

Each report submitted must clearly identify the sale related to the reported information.

An applicant has 30 days after receiving a request from a vendor to provide supplementary reports.

Vendors must disclose all political contributions and fees paid by any third parties involved in a sale.