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(d) and EAR 734.20(b): Apply the allied-nationality employee exemptions only to eligible nationals and locations

No DDTC approval is needed to reexport unclassified defense articles or services to dual or third-country national regular employees of an authorised foreign end user, signatory or consignee where the employees are nationals exclusively of NATO, EU, Australia, Japan, New Zealand or Switzerland, are within one of those countries or the United States during the reexport, have signed an NDA (unless the employer is party to the authorising agreement) and receive no permanent transfer of hardware (126.18(d)). The EAR's parallel exclusion covers bona fide permanent and regular employees who are nationals exclusively of Country Group A:5 countries, are not proscribed persons, and receive the release inside an A:5 country or the United States (734.20(b)). The eligible country sets are not the same and dual nationals of any other country fall outside both.

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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