Effective June 7, 2010, the Postal Service™ will revise Mailing Standards of the United States Postal Service, International Mail Manual (IMM®) subchapter 540 to update our exporting licensing standards in conformance with the Department of State’s International Traffic in Arms Regulations (ITAR) (22 C.F.R. Chapter I, Subchapter M, Parts 120–130).
Mailing Standards of the United States Postal Service, International Mail Manual (IMM)
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5 Nonpostal Export Regulations
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[Revise subchapter 540 in its entirety to read as follows:]
540 Munitions (Defense Articles) and Related Technical Data
541 Licensing Requirements
541.1 Individual Licenses
541.11 Exporting Defense Articles
The exportation of defense articles requires a license issued by the U.S. Department of State, Directorate of Defense Trade Controls (DDTC). Information related to DDTC can be found at its website at www.pmddtc.state.gov/index.html. Defense articles subject to the license requirement can be found on the United States Munitions List in 22 C.F.R. Part 121. Information concerning licenses for the export of defense articles can be found online in 22 C.F.R. Part 123 of the International Traffic in Arms Regulations (ITAR) at www.pmddtc.state.gov/regulations_laws/itar_official.html.
541.12 Exporting Technical Data
The exportation of “technical data” as defined in 541.121 requires a license issued by the Department of State, Directorate of Defense Trade Controls (DDTC). Information related to DDTC can be found at its website at www.pmddtc.state.gov/index.html. Information concerning licenses for the export of technical data can be found in 22 C.F.R. Part 125 of the ITAR.
Information concerning licenses for the export of technical data can be found online in 22 C.F.R. Part 125 of the ITAR at www.pmddtc.state.gov/regulations_laws/itar_official.html.
541.121 Technical Data — Definition
According to § 120.10 of the ITAR, “technical data” is defined as follows:
1. Information, other than software as defined in § 120.10(a)(4), that is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance, or modification of defense articles. This includes information in the form of blueprints, drawings, photographs, plans, instructions, and documentation.
2. Classified information relating to defense articles and defense services.
3. Information covered by an invention secrecy order.
4. Software as defined in § 121.8(f) directly related to defense articles.
“Technical data” does not include information concerning general scientific, mathematical, or engineering principles commonly taught in schools, colleges, and universities, or information in the public domain as defined in § 120.11. It also does not include basic marketing information on function or purpose or general system descriptions of defense articles.
541.122 Technical Data — Exempt From Licensing
Technical data that has been published or that is otherwise exempt from licensing under 22 C.F.R. Part 125 of the ITAR does not require a Department of State license for exportation. However, the sender must mark the outside of the mailpiece, identifying the specific subsection under which the exemption is claimed (e.g., “22 CFR 125.4…APPLICABLE,” if 22 C.F.R. § 125.4 is the citation for the relevant exemption).
541.2 Prohibited Countries
Technical data exemptions under 541.122 and requests for licensees to export defense articles under 541.11 may not be made for items destined to or originating in certain prohibited countries. These countries are listed in 22 C.F.R. § 126.1 of the ITAR. The mailer should visit the DDTC website at www.pmddtc.state.gov for a current listing. As of April 2010, these countries include the following:
1. Belarus.
2. Burma.
3. China.
4. Congo, Democratic Republic of the.
5. Cote d’Ivoire.
6. Cuba.
7. Eritrea.
8. Iran.
9. Iraq.
10. Lebanon.
11. Liberia.
12. Korea, Democratic People’s Republic of (North Korea).
13. Sierra Leone.
14. Somalia.
15. Sudan.
16. Syria.
17. Venezuela.
Note: Mailers are advised to check the current version of 22 CFR § 126.1 of the ITAR for an updated list before mailing, as the list is subject to change.
541.3 Exporting of Government Shipments
Shipments mailed by or for any U.S. government agency do not require an individual license from the Department of State so long as all requirements of 22 CFR §126.4 can be met. The sender must mark the mailpiece with the applicable subsection of §126.4 (e.g., “22 CFR 126.4(a) APPLICABLE”).
541.4 Obtaining Additional Information
The sender may obtain information from the DDTC Response Team, regarding the applicability of the Department of State requirements and application for an individual license. In addition, the DDTC Response Team handles process and status questions, and it assists mailers and other exporters with more complex questions involving export control issues. The DDTC Response Team should provide substantive responses within 24 hours of receiving inquiries. The DDTC Response Team can be contacted by telephone at 202-663-1282 or by e-mail at DDTCResponseTeam@state.gov.
542 Mailing Under Individual Licenses
542.1 Marking by Sender
For shipments under an individual license, the sender must mark the mailpiece, “DEPARTMENT OF STATE EXPORT LICENSE NO. _______________.” If only a portion of the amount authorized is mailed, the sender must enter in the area provided on the license the amount (quantity and/or value) being shipped. In addition, the sender must record the license number in Block 17 of PS Form 2976-A.
542.2 Processing at Post Office Facilities
542.21 Examination of List of Contents
When a sender presents a Department of State license, compare the description of the article indicated on the license with the description of the contents shown on the customs declaration form (see 123), or stated orally by the sender in the case of technical data mailed as printed matter (see 541.121). If no discrepancy is noted, the contents of the package are mailable, and if the destination is not one of the prohibited countries under 541.2, accept the package for mailing.
542.22 Amount of Mailing Authorized by License
If the mailing comprises the entire contents authorized by the license, retrieve the license from the sender, mark the license “completed,” apply a legible postmark, and forward it to the following address:
PM/DDTC SA-1 12th Floor
Directorate of Defense Trade Controls
Bureau of Political Military Affairs
U.S. Department of State
Washington, DC 20522-0112
If a mailing includes only a portion of the contents authorized, the mailer must enter in the area provided on the license the amount (quantity and/or value) being shipped and present the item for mailing at a Post Office facility, where it will be postmarked and returned to the sender. The mailer should bring back the same license to mail the rest of the items.
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We will incorporate these revisions into the next printed version of the IMM and into the monthly update of the online IMM, which is available via Postal Explorer® at http://pe.usps.com.
— Mailing Standards, Pricing, 5-6-10
