Global Trade Compliance Atlas

105%

120 121 122 123 124 125 126 127 128 129 130

§ 120.50

Export

ITAR · Part 120 · Subpart C

Export includes: sending or taking a defense article out of the United States in any manner; transferring registration, control, or ownership of any aircraft, vessel, or satellite subject to the ITAR to a foreign person in the United States; releasing or otherwise transferring technical data to a foreign person in the United States (a deemed export); transferring a defense article to an embassy or to the United Nations; and performing a defense service on behalf of, or for the benefit of, a foreign person. An export can happen without any hardware leaving the building.

Deemed export: a foreign-person employee, visitor, or student who is given access to USML technical data is an export to that person’s country of nationality (and, for dual nationals, the analysis is more involved — see § 126.18).
Cloud storage, shared drives, and visual access (a foreign person walking a factory floor) are the recurring deemed-export fact patterns.

eCFR (primary) · § 120.50 LII (secondary, unofficial)

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In this atlas

§ 120.51 § 120.52 § 120.54 § 120.56 § 120.32 § 120.33 § 123.1 § 125.1