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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?
No. The approval of dual/third country nationals serves only as an export authorization to those specific employees of the foreign licensees/sublicensees. Any retransfer to a party not previously authorized by the agreement must be requested and approved in a separate amendment. Although adjudicated by DDTC as an export, this is conducted solely to assess the risk to foreign policy and national security due to the increased risk of diversion of defense articles to the specified countries.
Directorate of Defense Trade Controls (DDTC), U.S. State Department
http://www.pmddtc.state.gov/
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