(a) Any person who engages in the United States in the business of manufacturing or exporting or temporarily importing defense articles, or furnishing defense services, is required to register with the Directorate of Defense Trade Controls under § 122.2. For the purpose of this subchapter, engaging in such a business requires only one occasion of manufacturing or exporting or temporarily importing a defense article or furnishing a defense service. A manufacturer who does not engage in exporting must nevertheless register. (See part 129 of this subchapter for requirements for registration of persons who engage in brokering activities.)
(b) Exemptions. The registration requirements of paragraph (a) of this section do not apply to:
(1) Officers and employees of the U.S. Government acting in an official capacity;
(2) Persons whose pertinent business activity is confined to the production of unclassified technical data only;
(3) Persons all of whose manufacturing and export activities are licensed under the Atomic Energy Act of 1954, as amended; or
(4) Persons who engage in the fabrication of articles solely for experimental or scientific purposes, including research and development.
Note to paragraph (b):
Persons who qualify for the exemptions in paragraphs (b)(2) or (b)(4) of this section remain subject to the requirements for licenses or other approvals for exports of defense articles and defense services and may not receive an export license or approval unless registered under § 122.2.
(c) Purpose. Registration is primarily a means to provide the U.S. Government with necessary information on who is involved in certain manufacturing and exporting activities. Registration does not confer any export rights or privileges. It is generally a precondition to the issuance of any license or other approval under this subchapter, unless an exception is granted by the Directorate of Defense Trade Controls.
[78 FR 52686, Aug. 26, 2013]