10 U.S.C. § 7542: Technical data packages for large-caliber cannon: prohibition on transfers to foreign countries; exception

to transfer to a foreign country a technical data package for a defense item being manufactured or developed in an arsenal; or to assist a foreign country in producing such a defense item. the transfer or provision of assistance is to a friendly foreign country (as determined by the Secretary of Defense in consultation with the Secretary of State); would have a clear benefit to the preservation of the production base for the production of cannon at the arsenal concerned; and would not transfer technology (including production techniques) considered unique to the arsenal concerned, except as provided in subsection (e); and the Secretary of Defense enters into an agreement with the country concerned described in subsection (c) or (d). prescribe the content of the technical data package or assistance to be transferred to the foreign country participating in the agreement; require that production by the participating foreign country of the defense item to which the technical data package or assistance relates be shared with the arsenal concerned; any defense article, technical data package, technology, or assistance provided by the United States under the agreement; and any defense article produced by the participating foreign country under the agreement; and require the Secretary of Defense to monitor compliance with the agreement and the participating foreign country to report periodically to the Secretary of Defense concerning the agreement. for development phases describe the technical data to be transferred and for the production phase prescribe the content of the technical data package or assistance to be transferred to the foreign country participating in the agreement; require that at least the United States production of the defense item to which the technical data package or assistance relates be carried out by the arsenal concerned; and require the Secretary of Defense to monitor compliance with the agreement. The limitation in subsection (b)(2)(B) shall not apply if the technology (or production technique) transferred is subject to nonexclusive license and payment of any negotiated licensing fee or royalty that reflects the cost of development, implementation, and prove-out of the technology or production technique. Any negotiated license fee or royalty shall be placed in the operating fund of the arsenal concerned for the purpose of capital investment and technology development at that arsenal. the defense article, technical data package, or technology to be transferred is a product of a cooperative research and development program or a cooperative project in which the United States and the participating foreign country were partners; or complies with all requirements of section 3(d) of the Arms Export Control Act ( 22 U.S.C. 2753(d) ) with respect to such transfer; and certifies to Congress, before the transfer, that the transfer would provide a clear benefit to the production base of the United States for large-caliber cannon. The Secretary of the Army shall submit to Congress a notice of each agreement entered into under this section. The Secretary shall submit to Congress a semi-annual report on the operation of this section and of agreements entered into under this section. In this section, the term “arsenal” means a Government-owned, Government-operated defense plant that manufactures large-caliber cannon.