22 cfr 130 T F

An applicant refers to a person applying for a license or approval for the export, reexport, or retransfer of defense articles or services valued at $250,000 or more.

The Armed Forces include the army, navy, marine, and air force of a foreign country, but do not include the national guard.

According to Section 39(a) of the Arms Export Control Act, the Secretary of State is responsible for regulations related to reporting on certain payments concerning sales of defense articles and defense services.

Definitions applicable to Part 130 are provided in Section 130.2 through Section 130.10.

An applicant only includes individuals who have been granted a license or approval for the export, reexport, or retransfer of defense articles or services.

The term 'Armed Forces' does not include military personnel organized under or assigned to an international organization.

The term 'fee or commission' includes a political contribution.

General advertising or promotional expenses directed to a specific sale or purchaser are considered as fee or commission.

A vendor directly furnishes defense articles valued at $500,000 to an applicant.

Political contributions are considered as fee or commission under the Arms Export Control Act.

Defense services are defined in § 120.31 and § 120.32 of the Arms Export Control Act.

Taxes required to be paid by law are considered as political contributions under the Arms Export Control Act.

A fee or commission can be offered indirectly through a written contract.

A supplier must be an individual for entering into a contract with the Department of Defense.

Vendor includes any person who delivers defense services valued at $500,000 or more to the armed forces of a foreign country.

$1,000 is the minimum amount for a fee or commission under the Arms Export Control Act.

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

A supplier is required to inform the Directorate of Defense Trade Controls about fees or commissions paid only if they exceed $50,000.

Political contributions made by a vendor are not considered when determining if an applicant should report to the Directorate of Defense Trade Controls.

An applicant can receive a relevant license or approval without providing information about political contributions or fees if requested by the Directorate of Defense Trade Controls.

Once informed, an applicant or supplier is not required to provide additional information within 30 days if they later discover political contributions or fees were paid.

An applicant does not need to provide any explanations if they cannot furnish all the information requested by the Director of the Office of Defense Trade Controls Licensing at that time.

The requirements regarding reporting political contributions and fees do not apply if all the information required in section 130.10 has already been furnished.

A 'contract award' includes only the final contract signed by the supplier and the Department of Defense.

Political contributions made by suppliers are never considered when determining if they should report to the Directorate of Defense Trade Controls.

If an applicant has already reported that no political contributions or fees were paid, they are exempt from providing any further information even if later payments are discovered.

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

Vendors are required to disclose all political contributions or fees paid with respect to a sale.

If a vendor believes that providing information to an applicant or supplier would harm commercial interests, they can choose not to disclose any information.

Vendors must report all information directly to the applicant or supplier under Section 130.12.

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

Vendors are not required to furnish an initial statement if requested by an applicant or supplier.

The failure of a vendor to comply with providing information does relieve an applicant or supplier from submitting a report.

Vendors must provide an abbreviated statement disclosing only the aggregate amount of fees paid if they believe disclosing more information would harm their commercial interests.

An applicant or supplier has 15 days to obtain the initial statement required from a vendor.

Vendors are not obliged to disclose any information requested by an applicant or supplier.

Every person required under § 130.9 must furnish to the Directorate of Defense Trade Controls the total contract price of the sale to the domestic purchaser.

A statement with respect to a sale must include the amount of each political contribution paid, or offered or agreed to be paid, but not the recipient of the amount.

In responding to paragraph (a)(4) of this section, the statement does not need to specify whether a payment was made in cash or in kind.

In submitting a report required by § 130.9, detailed information about political contributions exceeding $2,500 must be included.

Every applicant or supplier must submit a supplementary report if subsequent developments make the initially reported information inaccurate or incomplete.

The information specified in § 130.10 must be furnished by the foreign purchaser to the Directorate of Defense Trade Controls.

If detailed information about payments is not included due to them not exceeding certain thresholds, an estimate of the total amount must still be provided.

The relationship between the recipient of a payment and any foreign purchaser or end-user does not need to be stated in the report.

All political contributions exceeding $2,500 need to be individually reported with detailed information.

Subsequent developments do not require a supplementary report if they do not impact the accuracy or completeness of the initially reported information.

An applicant, supplier, or vendor is not required to obtain a statement from any person to whom it has paid a fee or commission regarding political contributions for a sale.

Every person who is required to furnish information under this part has the right to publish any confidential business information provided by a vendor or other person.

Confidential business information includes military-related information that by law is entitled to protection from disclosure.

Maintaining records of information provided or obtained under this part is required for a minimum of ten years.

Any person can request access to reports and records maintained under this part.

Furnishing reports under this part relieves individuals of any obligations to provide information to federal, state, or municipal agencies as required by law.

An applicant must include any political contributions made by any person to whom a fee or commission has been paid in order to determine its obligations under specific sections.

Confidential business information provided by any person can be disclosed if required by law.

Reports based on information provided under this part are not submitted to Congress.

The term 'Armed Forces' as mentioned in the regulations includes military personnel serving in international organizations.