US ITAR and EAR - Export Control and Data Security ITAR 120.15: Meet the preconditions, limits and certification duty for every exemption used

Persons required to register must be registered before using an exemption; exemptions cannot be used where any party is generally ineligible under 120.16 without written DDTC authorisation, nor for exports, reexports, retransfers or temporary imports involving 126.1 countries except as 126.1 allows; and each exemption carries its own limits (120.15(a)-(d)). To claim an exemption for technical data (for example under 125.4 or 125.5) the exporter must certify the exact paragraph relied on by marking the package or letter '22 CFR [exemption] applicable', and for oral, visual or electronic exports must complete a written certification; certifications are kept for five years (120.15(f)). When technical data leaves through a U.S. port under an exemption, export data must be reported electronically to DDTC and a copy of the notification must accompany the shipment (123.22(b)(3)(iii)).