§7542 Technical Data Packages for Large-caliber Cannon: Prohibition on Transfers to Foreign Countries; Exception

Summary

Money from the Department of Defense cannot be used to send a technical data package for a weapon made or developed in a government arsenal to another country, and it cannot be used to help a foreign country make that weapon. The Secretary of the Army can make an exception only if three things happen: the country is judged friendly by the Secretary of Defense after talking with the Secretary of State; the Army decides the transfer clearly helps keep the cannon production ability at the arsenal and will not give away unique technology or special production methods (unless allowed under subsection (e)); and the Secretary of Defense signs a government-to-government agreement (or a cooperative project under section 27 of the Arms Export Control Act, 22 U.S.C. 2767) that says what data or help will be shared, requires that production be shared with the arsenal, generally bars the foreign country from passing the items or data to others (with limited exceptions), and requires monitoring and reports. Subsection (e) allows transfer of unique techniques under a nonexclusive license with fees put into the arsenal’s operating fund. Transfers may also be allowed if they come from joint U.S.–foreign R&D or if the President follows section 3(d) of the Arms Export Control Act (22 U.S.C. 2753(d)) and tells Congress the transfer helps U.S. cannon production. The Secretary of the Army must tell Congress about each agreement and report twice a year. An “arsenal” means a government-owned, government-run plant that makes large-caliber cannon.