Global Trade Compliance Atlas

105%

120 121 122 123 124 125 126 127 128 129 130

§ 126.18

Exemptions regarding intra-company, intra-organization, and intra-governmental transfers to employees who are dual nationals or third-country nationals

ITAR · Part 126

The dual/third-country national exemption. A foreign consignee or approved-agreement party may transfer unclassified technical data to its regular employees who are dual or third-country nationals, without a separate authorization, if the employee is a regular employee (§ 120.64), is not a 126.1 national in the way the section forbids, and the consignee screens and NDA-binds them as required. This is how most TAAs handle TCN engineers. It is not a deemed-export license for a U.S. employer’s own foreign-person staff — that is still § 120.50.

U.S. employers authorizing their own foreign-person employees need a license, agreement, or a different exemption — § 126.18 is written for the foreign consignee’s employees.
A 126.1 nationality is generally disqualifying. Screen actual nationality, not just the passport presented at HR.

eCFR (primary) · § 126.18 LII (secondary, unofficial)

Live eCFR text

Loading official eCFR…

Open live eCFR

In this atlas

§ 120.64 § 120.50 § 120.63 § 124.8 § 126.1