Technical Assistance Agreement Requirements

TaA and MLA allow U.S. individuals to export TECHNICAL data controlled by ITAR and “defence services” (and non-U.S. persons to trade outside the United States). A GG may also authorize the provision of production rights or know-how. GWG and TAAs generally have a 10-year term and the question often arises as to which activities can be continued and which cannot be continued when an agreement expires without obtaining a new agreement or agreement. The non-U.S. Contracting parties may, on that date, have developed or manufactured information or products from ITAR-controlled technical data and production or know-how rights from the United States, and underlying relationships or agreements may be continuous after the ITAR authorization expires. For example, non-Americans. Parties may have sales contracts or sales opportunities or obligations such as repairs and maintenance. What types of ITAR activities can therefore be pursued without a renewed GWG or TAA, and what types of activities require additional authorization? DDTC has provided some useful answers in these new FAQs. Question #1: Can a defence item manufactured or manufactured during the duration of an agreement (TAA or GWG) using technical data or defence services received under the agreement be transferred without further DDTC authorization to a foreign person who was not a party to the agreement at the expiry of this agreement? Answer #2: The continued use and exchange of technical data previously authorized for export between the same foreign signatories, under-licensed and end-users are generally permitted after the termination or expiry of the contract. However, foreign parties cannot continue to use technical data to establish a separate power.

Foreign parties must obtain DDTC`s authorization through a general match request in order to continue manufacturing with ITAR-controlled technical data at the expiry of a GW. If the continuation of the manufacturing activity requires the provision of a defence service by a U.S. person, a separate DDTC authorization would be required. 1) Continued use and exchange of technical data between the United States and continued manufacturing by non-U.S. companies The parties respond #1: No, the transfer of defence items manufactured during the life of a TAA or GWG cannot be transferred to the same foreign signatories and sub-licenses, as well as to the same end-users and the end uses previously authorized under the TAA or GWG. For more information, see iTAR 124.8 (a) (5). (NOTE: Foreign defence items that are not manufactured under an agreement are not subject to the transmission limitations mentioned above, covered by Directive 124.8 (a) (5).) In two new FAQs, DDTC states that once an applicable GWA or TAA expires, the non-AMERICAN asius The parties may continue to use and exchange ITAR-controlled information and the know-how they have received, but any additional technical assistance or technical data controlled by ITAR from the US parties would require further approval from DDTC. However, there are funds that, in certain circumstances, do not have a renewed GG or AAT that may meet the requirement for the U.S. parties to authorize an expired agreement. B such as the search for a DSP-5 licence for “limited” defence services or the use of an administrative waiver. For example, Section 125.4(b) (4) of ITAR authorizes a U.S.

party to provide the same recipients with copies of certain types of previously authorized technical data. Another exception in 125.4 b) (5) applies to “basic” operations, maintenance and training information relating to a defence item that has already been legally exported or authorized to be exported to the same recipient. Certification and registration requirements apply and there are some instances where these exceptions cannot be used. Answer #1: Yes, the use and exchange of technical data received through a TAA

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