22 C.F.R. § 127.2

Misrepresentation and omission of facts

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(a) It is unlawful to use or attempt to use any export or temporary import control document containing a false statement or misrepresenting or omitting a material fact for the purpose of exporting, transferring, reexporting, retransferring, obtaining, or furnishing any defense article, technical data, or defense service. Any false statement, misrepresentation, or omission of material fact in an export or temporary import control document will be considered as made in a matter within the jurisdiction of a department or agency of the United States for the purposes of 18 U.S.C. 1001, 22 U.S.C. 2778, and 22 U.S.C. 2779.

(b) For the purpose of this subchapter, export or temporary import control documents include the following:

(1) An application for a permanent export, reexport, retransfer, or a temporary import license and supporting documents.

(2) Electronic Export Information filing.

(3) Invoice.

(4) Declaration of destination.

(5) Delivery verification.

(6) Application for temporary export.

(7) Application for registration.

(8) Purchase order.

(9) Foreign import certificate.

(10) Bill-of-lading.

(11) Airway bill.

(12) Nontransfer and use certificate.

(13) Any other document used in the regulation or control of a defense article, defense service, or brokering activity regulated by this subchapter.

(14) Any other shipping document that has information related to the export of the defense article or defense service.

[58 FR 39316, July 22, 1993, as amended at 77 FR 16642, Mar. 21, 2012; 78 FR 52689, Aug. 26, 2013]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1988–2024 · leading case: United States v. Aziz Muthana, 60 F.3d 1217 (7th Cir. 1995).

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United States v. Aziz Muthana, 60 F.3d 1217 (7th Cir. 1995). · cites it 8× “§ 2778 (c) and 22 C.F.R. §§ 127.2 and 127.3 (1993). The export control document was an air waybill which stated that cargo tendered by Muthana to Royal Jordanian Airlines for shipment to Yemen contained 3,086 pounds of honey rather than approximately 56,000 rounds of ammunition.”

United States v. Dicker, Leon, 853 F.2d 1103 (3rd Cir. 1988). “22 C.F.R. § 127.2 specifically lists nontransfer and use certificates, i.”

United States v. Richard D. Pedrioli, 978 F.2d 457 (9th Cir. 1992). “§ 2778 ; 22 C.F.R. § 127.2 . While free on bail awaiting sentencing, Pedrioli made another shipment of 70 concealed handguns.”

Cnty. of Kern v. Bloberg CA5 (Cal. Ct. App. 2024). “” ( 22 C.F.R. § 127.2 (a).) This regulation has no application to a child support proceeding brought in state court under California’s Family Code.”

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