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U.S. National Security Export Controls - Military Items/ITAR: Dual/Third Country Nationals
Are additional transfer/re-transfer authorizations required from the Department of State for defense articles, to include technical data, exported to the Ministry of Defense (MOD) of a country if the MOD end-user(s) are deployed on operations and/or training outside that specific country?
With regard to individuals who are third country/dual national employees of the foreign signatory or its approved sub-licensees, §124.16 states that "The retransfer must take place completely within the physical territories of these countries or the United States." Does this mean retransfer to third country/dual national employees (approved by DDTC pursuant to §124.16) is no longer authorized within the Ministry of Defense when the MOD end-user(s) are deployed on operations and/or training outside §124.16 specific countries?
Please explain what is meant in §124.16 by all transfers and/or retransfers must take place completely within the physical territories of these countries?
Does approval of dual/third country nationals per §124.16 serve as an expansion of territory per §124.7 (4), thereby authorizing the export (transfer/re-transfer) of defense articles to any §124.16 country?
Can §124.16 be used to authorize dual/third country nationals of §124.16 countries employed by the applicant or other US Signatories to the Agreement?
When an agreement involves the transfer of classified defense articles, can §124.16 still be used to authorize dual/third country nationals access to only unclassified defense articles associated with the agreement?
Section 17.3 of the Guidelines for Preparing Agreements provides guidance on how many copies of a proposed amendment should be submitted. Does a request to add dual/third country nationals per §124.16 require an original + seven copies of the proposal, or an original + one copy of the proposal?
Per §124.12 (a)(10) "This agreement (does/does not) request retransfer of defense articles and defense services pursuant to §124.16." Should this statement include a reference to technical data?
When requesting dual/third country nationals pursuant to §124.16, do we need to list all of the countries of the dual/third country nationals under §124.7 (4) or can we just say NATO/EU?
When is the last day I can submit a minor amendment pursuant to §124.1(d) to waive NDA requirements for dual/third country nationals that meet §124.16 requirements and were previously approved on an agreement by DDTC?
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