C.F.R. » Title 22 » CHAPTER I—DEPARTMENT OF STATE › SUBCHAPTER M—INTERNATIONAL TRAFFIC IN ARMS REGULATIONS › PART 127—VIOLATIONS AND PENALTIES

22 C.F.R. § 127.1

Violations

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(a) Without first obtaining the required license or other written approval from the Directorate of Defense Trade Controls, it is unlawful:

(1) To export or attempt to export from the United States any defense article or technical data or to furnish or attempt to furnish any defense service for which a license or written approval is required by this subchapter;

(2) To reexport or retransfer or attempt to reexport or retransfer any defense article, technical data, or defense service from one foreign end-user, end-use, or destination to another foreign end-user, end-use, or destination for which a license or written approval is required by this subchapter, including, as specified in §§ 126.16(h) and 126.17(h) of this subchapter, any defense article, technical data, or defense service that was exported from the United States without a license pursuant to any exemption under this subchapter;

(3) To import or attempt to import any defense article whenever a license is required by this subchapter;

(4) To conspire to export, import, reexport, retransfer, furnish or cause to be exported, imported, reexported, retransferred or furnished, any defense article, technical data, or defense service for which a license or written approval is required by this subchapter; or

(5) To possess or attempt to possess any defense article with intent to export or transfer such defense article in violation of 22 U.S.C. 2778 and 2779, or any regulation, license, approval, or order issued thereunder.

(b) It is unlawful:

(1) To violate any of the terms or conditions of a license or approval granted pursuant to this subchapter, any exemption contained in this subchapter, or any rule or regulation contained in this subchapter;

(2) To engage in the business of brokering activities for which registration and a license or written approval is required by this subchapter without first registering or obtaining the required license or written approval from the Directorate of Defense Trade Controls. For the purposes of this subchapter, engaging in the business of brokering activities requires only one occasion of engaging in an activity as reflected in § 129.2(b) of this subchapter.

(3) To engage in the United States in the business of either manufacturing or exporting defense articles or furnishing defense services without complying with the registration requirements. For the purposes of this subchapter, engaging in the business of manufacturing or exporting defense articles or furnishing defense services requires only one occasion of manufacturing or exporting a defense article or furnishing a defense service.

(c) Any person who is granted a license or other approval or acts pursuant to an exemption under this subchapter is responsible for the acts of employees, agents, brokers, and all authorized persons to whom possession of the defense article, which includes technical data, has been entrusted regarding the operation, use, possession, transportation, and handling of such defense article abroad. All persons abroad subject to U.S. jurisdiction who obtain custody of a defense article exported from the United States or produced under an agreement described in part 124 of this subchapter, and regardless of the number of intermediate transfers, are bound by the regulations of this subchapter in the same manner and to the same extent as the original owner or transferor.

(d) A person who is ineligible pursuant to § 120.16(c) of this subchapter, or a person with knowledge that another person is ineligible pursuant to § 120.16(c) of this subchapter, may not, directly or indirectly, in any manner or capacity, without prior disclosure of the facts to and written authorization from the Directorate of Defense Trade Controls:

(1) Apply for, obtain, or use any export control document as defined in § 127.2(b) for such ineligible person; or

(2) Order, buy, receive, use, sell, deliver, store, dispose of, forward, transport, finance, or otherwise service or participate in any manner in any transaction subject to this subchapter that may involve any defense article, which includes technical data, defense services, or brokering activities, where such ineligible person may obtain any benefit therefrom or have any direct or indirect interest therein.

(e) No person may knowingly or willfully attempt, solicit, cause, or aid, abet, counsel, demand, induce, procure, or permit the commission of any act prohibited by, or the omission of any act required by 22 U.S.C. 2778, 22 U.S.C. 2779, or any regulation, license, approval, or order issued thereunder.

[77 FR 16641, Mar. 21, 2012, as amended at 78 FR 52688, Aug. 26, 2013; 79 FR 8088, Feb. 11, 2014; 87 FR 16425, Mar. 23, 2022]
Notes of Decisions
Cited in 27 cases, 1986–2020 · leading case: United States v. Jorge Eduardo Castro-Trevino, 464 F.3d 536 (5th Cir. 2006).
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United States v. Jorge Eduardo Castro-Trevino, 464 F.3d 536 (5th Cir. 2006). · cites it 6× “or imprisoned not more than ten years, or both” (emphasis added), and 22 C.F.R. § 127.1 (a)(1), a regulation issued under 22 U.”
United States v. Chi Tong Kuok, 671 F.3d 931 (9th Cir. 2012). · cites it 5× “§ 2778 (b)(2); 22 C.F.R. § 127.1 (a)(1). Count four charged Kuok with transmitting $1700 in funds with the intent to promote the carrying on of “specified unlawful activity”: the smuggling and the export offenses charged in counts two and three.”
Gerardo Serrano v. U.S. Customs & Border, 975 F.3d 488 (5th Cir. 2020). “of arms exports and imports); and 22 C.F.R. § 127.1 (violations for illegal exports from the United States).”
Fidelitad, Inc. v. Insitu, Inc., 904 F.3d 1095 (9th Cir. 2018). “2 Insitu nonetheless insists it was "acting under" a federal officer because (1) the ITAR provides that a person may not "knowingly or willfully attempt, solicit, cause, or aid, abet, counsel, demand, induce, procure, or permit the commission of any act prohibited by" an export…”
Def. Distributed v. United States Dep't of State, 838 F.3d 451 (5th Cir. 2016). “22 C.F.R. § 127.1 (a)(1). When Defense Distributed published technical data on the Internet, the State Department defined “export” broadly, as, inter alia, “[d]isclosing (including oral or visual disclosure) or transferring technical data to a foreign person, whether in the…”
United States v. Smith, 945 F.3d 729 (2d Cir. 2019). · cites it 2× “§ 2778 (the AECA) and 22 C.F.R. §§ 127.1 ,1 127.2,2 and 1 As described above, § 127.”
United States v. Pheerayuth Burden, 934 F.3d 675 (D.C. Cir. 2019). “22 C.F.R. § 127.1 (a). The ITAR also includes the Munitions List, which runs to over forty pages in the Code of Federal Regulations.”
Donald Franco-Casasola v. Eric Holder, Jr., 773 F.3d 33 (5th Cir. 2014). · cites it 2× “” 22 C.F.R. § 127.1 (a)(1). A regulation not listed in the indictment defines defense articles as “firearms,” “technical data,” and “defense services.”
United States v. Eugene You-Tsai Hsu, United States of Am. v. David Tzuwei Yang, 364 F.3d 192 (4th Cir. 2004). “The regulation punishing the attempt to export these proscribed articles without a license, 22 C.F.R. § 127.1 (a)(1), falls squarely within this delegated authority, and is fully consonant with Congress’s “broad authority to [delegate to] the President in foreign affairs.”
United States v. Quinn, 403 F. Supp. 2d 57 (D.D.C. 2005). · cites it 2× “§ 2778 (c); 22 C.F.R. § 127.1 . Those cases approved jury instructions for an ACEA/ITAR offense *62 that required proof that a defendant had knowledge of the statute’s licensing requirement.”
United States v. Dicker, Leon, 853 F.2d 1103 (3rd Cir. 1988). “22 C.F.R. §§ 127.1 (a), 127.2 and 127.3 further implement 22 U.”
United States v. Aziz Muthana, 60 F.3d 1217 (7th Cir. 1995). “§ 2778 (b)(2) and (c); 22 C.F.R. §§ 127.1 , 127.3 (1993). Count Two charged Muthana with knowingly and willfully using an export control document containing a false statement and omitting a material fact to export defense articles.”
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