ITAR Amended to Allow Hand Carry of Technical Data in Certain Cases

Export Exemption for Technical Data - 22 CFR Part 125 - Effective August 27, 2010
Clarification of 22 CFR 125.4(b)(9)

This amendment covers technical data in whatever format, sent or taken by a U.S. Person who is an employee of a U.S. corporation or a U.S. Government agency to a U.S. person employed by that U.S. corporation or to a U.S. Government Agency outside the United States.

Section 125.4 Exemptions of general applicability.
* * * * *
(b) * * *
(9) Technical data, including classified information, and regardless of media or format, sent or taken by a U.S. person who is an employee of a U.S. corporation or a U.S. Government agency to a U.S. person employed by that U.S. corporation or to a U.S. Government agency outside the United States.  This exemption is subject to the limitations of Sec. 125.1(b) of this subchapter and may be only used if:
  (i) The technical data is to be used outside the United States solely by a U.S. person;
  (ii) The U.S. person outside the United States is an employee of the U.S. Government or is directly employed by the U.S. corporation and not by a foreign subsidiary; and
  (iii) The classified information is sent or taken outside the United States in accordance with the requirements of the Department of Defense National Security Program Operating Manual (unless such requirements are in direct conflict with guidance provided by the Directorate of Defense Trade Controls, in which case the latter guidance must be followed).
* * * * *