(a) The following brokering activities require the prior written approval of the Directorate of Defense Trade Controls:
(1) Brokering activities pertaining to certain defense articles (or associated defense services) covered by or of a nature described by part 121, to or from any country, as follows:
(i) Fully automatic firearms and components and parts therefor;
(ii) Nuclear weapons strategic delivery systems and all components, parts, accessories, attachments specifically designed for such systems and associated equipment;
(iii) Nuclear weapons design and test equipment of a nature described by Category XVI of part 121;
(iv) Naval nuclear propulsion equipment of a nature described by Category VI(e);
(v) Missile Technology Control Regime Category I items (§ 121.16);
(vi) Classified defense articles, services and technical data;
(vii) Foreign defense articles or defense services (other than those that are arranged wholly within and destined exclusively for the North Atlantic Treaty Organization, any member country of that Organization, Australia, Israel, Japan, New Zealand, or the Republic of Korea (see§§ 129.6(b)(2) and 129.7(a)).
(2) Brokering activities involving defense articles or defense services covered by, or of a nature described by part 121, of this subchapter, in addition to those specified in § 129.7(a), that are designated as significant military equipment under this subchapter, for or from any country not a member of the North Atlantic Treaty Organization, Australia, Israel, Japan, New Zealand, or the Republic of Korea whenever any of the following factors are present:
(i) The value of the significant military equipment is $1,000,000 or more;
(ii) The identical significant military equipment has not been previously licensed for export to the armed forces of the country concerned under this subchapter or approved for sale under the Foreign Military Sales Program of the Department of Defense;
(iii) Significant military equipment would be manufactured abroad as a result of the articles or services being brokered; or
(iv) The recipient or end user is not a foreign government or international organization.
(b) The requirements of this section for prior written approval are met by any of the following:
(1) A license or other written approval issued under parts 123, 124, or 125 of this subchapter for the permanent or temporary export or temporary import of the particular defense article, defense service or technical data subject to prior approval under this section, provided the names of all brokers have been identified in an attachment accompanying submission of the initial application; or
(2) A written statement from the Directorate of Defense Trade Controls approving the proposed activity or the making of a proposal or presentation.
(c) Requests for approval of brokering activities shall be submitted in writing to the Directorate of Defense Trade Controls by an empowered official of the registered broker; the letter shall also meet the requirements of § 126.13 of this subchapter.
(d) The request shall identify all parties involved in the proposed transaction and their roles, as well as outline in detail the defense article and related technical data (including manufacturer, military designation and model number), quantity and value, the security classification, if any, of the articles and related technical data, the country or countries involved, and the specific end use and end user(s).