22 C.F.R. § 120.21

Disclosure of information

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(a) Freedom of information. Subchapter R of this title contains regulations on the availability to the public of information and records of the Department of State. The provisions of subchapter R apply to such disclosures by the Directorate of Defense Trade Controls.

(b) Determinations required by law. Section 38(e) of the Arms Export Control Act (AECA) (22 U.S.C. 2778(e)) provides that information obtained for the purpose of consideration of, or concerning, license applications shall be withheld from public disclosure unless the release of such information is determined by the Secretary of State to be in the national interest. Section 38(e) of the AECA further provides that the names of countries and types and quantities of defense articles for which licenses are issued under this section shall not be withheld from public disclosure unless certain determinations are made that the release of such information would be contrary to the national interest. Such determinations required by section 38(e) shall be made by the Assistant Secretary of State for Political-Military Affairs.

(c) Information required under part 130 of this subchapter. Part 130 contains specific provisions on the disclosure of information described in that part.

(d) National interest determinations. In accordance with section 38(e) of the AECA, the Secretary of State has determined that the following disclosures are in the national interest of the United States:

(1) Furnishing information to foreign governments for law enforcement or regulatory purposes; and

(2) Furnishing information to foreign governments and other agencies of the U.S. Government in the context of multilateral or bilateral export regimes (e.g., the Missile Technology Control Regime, the Australia Group, and Wassenaar Arrangement).

Notes of Decisions

Cited in 2 cases, 1989–2015 · leading case: United States v. George MacArthur Posey, III, 864 F.2d 1487 (9th Cir. 1989).

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United States v. George MacArthur Posey, III, 864 F.2d 1487 (9th Cir. 1989). “22 C.F.R. § 120.21 (c). Appellant contends that the jury should have concluded that the Design Handbook contained “general scientific, mathematical or engineering” information.”

In re: Beverly Ohntrup v., 628 F. App'x 809 (3rd Cir. 2015). “” 22 C.F.R. § 120.21 . The State Department notified Congress of a proposed agreement “for the manufacture of significant military equipment abroad,” involving the export of defense articles for the continued manufacture of ammunition and components “for sale to the Turkish…”

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