US ITAR and EAR - Export Control and Data Security
Foreign persons, employees and visitors – US ITAR and EAR - Export Control and Data Security

US ITAR and EAR - Export Control and Data Security ITAR 126.18(a)-(c) and EAR 734.20(c): Screen dual and third-country national employees of foreign recipients before giving them access

An authorised foreign end user or consignee may transfer unclassified defense articles, including technical data, to its dual or third-country national regular employees within its own country without further DDTC approval only if it has effective procedures to prevent diversion, met either by host-nation security clearances or by screening employees for substantive contacts with 126.1 countries (regular travel, continuing contact with agents or nationals, allegiance, business ties, residence or pay from such countries), having them sign non-disclosure agreements, and keeping a technology security or clearance plan and screening records for five years, available to DDTC on request (126.18(a)-(c)). The EAR's parallel deemed-reexport exclusion requires screening for substantive contacts with Country Group D:5, an NDA, a technology security or clearance plan and records kept for the longer of five years or the employment (734.20(c)).

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

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  • 734.20 734.20 Activities that are not deemed reexports

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