Please, can I obtain some clarity on the US ITAR exemptions §126.18 in the following employment scenarios.

  • An employee on short-term contract (less than 12 months).

  • The employee works solely for the company (more than 37 hours per week).

  • The employee does not work on other company’s business in the meantime during his or her contract.

  • The employee holds UK Security Clearance (SC).

  • There is no middle company acting as staffing agency.

  • The employee owns the consultation company which provides his or her consultancy services.

Are the above employees covered by the §126.18 exemption? Or is it the only way to permit their access to ITAR unclassified data to have them stated on the licence? Please, can you base the query on an employee being a British national from birth or the employee having third country or dual nationality?

Q

Please, can I obtain some clarity on the US ITAR exemptions §126.18 in the following employment scenarios.

  • An employee on short-term contract (less than 12 months).

  • The employee works solely for the company (more than 37 hours per week).

  • The employee does not work on other company’s business in the meantime during his or her contract.

  • The employee holds UK Security Clearance (SC).

  • There is no middle company acting as staffing agency.

  • The employee owns the consultation company which provides his or her consultancy services.

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