Technical Assistance Agreement Approval Process

(1) The continued use and exchange of technical data between non-US parties and the continued production by non-US companies should also take into account the language used by DDTC in these two FAQs and indicate that this activity controlled by ITAR can only continue “among the same signatories, sub-licences and foreign end-users” and “for the same authorised end-use”. Therefore, the volume of the expiration of the MLA or TAA (as well as any reservations, conditions or other restrictions in the agreement) continues to restrict which parties can participate in the ITAR-controlled activity upon expiration of the agreement and what those parties can do. All new parts (for example. B customers or end-users, foreign beneficiaries, sub-licences or new foreign sites for these parties) or new activities (e.g.B. the use of previously provided technical data or know-how for the manufacture of a new defence item) may require additional authorization from DDTC. Some grey areas remain, for example. B if, in a given case, continuous production would require continuous “use” of itar-controlled technical data, beyond the continued use of technical data used by DDTC in those FAQs for other purposes (e.g. B design, development and engineering activities). In all circumstances, companies covered by these requirements should carefully check whether their activities are authorised in accordance with ITAR and ensure that they fulfil the registration and reporting obligations.

In addition, in accordance with Article 124.5 of the ITAR, where it is decided that an ITAR contract is not concluded, the applicant must notify DDTC/DTCL by a formal letter of notification within sixty days from the date of the decision. The notification letter should contain the applicant`s registration code and ITAR contract number and must be uploaded electronically in the corresponding licence authorisation of the ITAR agreement. Like L3Harris, most companies often violate the requirement of Section 124.5 and do not submit the DNTC notification to DDTC. [13] Agreements under the International Traffic in Arms Regulations (“ITAR”) serve as a licensing instrument for the transfer of defense items, technical data, manufacturing know-how, and defense services between a U.S. and a foreign party. Generally speaking, a TAA would address these three issues: properly written, a technical assistance agreement may exclude the transfer of technical data to a foreign partner….

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