§ 120.22 Technical Assistance Agreement. An agreement (for example. B contract) relating to the provision of a defence service or the disclosure of technical data, contrary to an agreement granting a right or licence to manufacture defence articles. The assembly of defence articles is included in this section, unless production rights or know-how are provided. Where such rights are transferred, Article 120.21 applies (see Part 124 of this Sub-Chapter). FAQs also address the ongoing sale and distribution of ITAR-controlled defense items upon expiration of an applicable MLA or TAA. In this regard, the FAQs put a finer point on the problem that was discussed above – that the scale limits in an expired agreement continue to apply even after expiration. Among other things, parties that have not been allowed after expiration cannot be involved after expiration. However, the FAQs specify that defense items manufactured under an expired MLA or TAA “may be transferred between the same foreign signatories and sub-licenses and for the same end users and end uses as those previously authorized under the TAA or MLA.” Companies should also carefully respect the language used by DDTC in these two FAQs and indicate that this ITAR-controlled activity can only continue “among the same foreign signatories, sub-licenses and end users” and “for the same authorized 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 parties (z.B. Customers or end-users, intermediate foreign beneficiaries, sub-licenses or new foreign sites for these parties) or new activities (e.g. B the use of previously provided technical data or know-how to manufacture a new defence item) may require additional authorization from DDTC. Question #1: Can a defence item manufactured or manufactured during the term of an agreement (TAA or MLA) using technical data or defence services obtained through the agreement be transferred, upon expiry of this agreement, to a foreign person who was not a party to the agreement? Duly in writing, a technical assistance agreement may exclude the transfer of technical data to a foreign partner. They are more difficult and take longer to get permission from the DoS, but once approved, they are more flexible than licensing. Fortunately, there is a procedure that was only developed for this purpose and is called technical assistance agreement or TAA. With a technical support agreement, you do not apply for a license to export physical products X to another country. Instead, you can request permission to discuss and share the regulated technical data with a contact abroad. Generally speaking, a TAA would address these three issues: 1) The continued use and exchange of technical data between non-US parties and the continuation of production by non-US parties What are the concerns and requirements when a foreign (Italian) customer needs a factory visit? Some grey areas remain, for example.B. if, in a given case, continued production would require continued “use” of itar-controlled technical data, beyond the continued use of technical data that DDTC may use in these FAQs for other purposes (e..B g.
design, development and engineering activities). In all circumstances, companies covered by these requirements should carefully verify whether their activities are authorised in accordance with ITAR and ensure that they comply with registration and reporting obligations. . . .