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 as opposed to an agreement granting a right or licence to manufacture defence goods. The assembly of defence items is included in this section, unless production rights or manufacturing know-how are provided. If these rights are transferred, so it is. (See part 124 of this sub-chapter). 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. To truly understand what it means to be TAA compliant and to ensure that it is you, it is important that as the MAS contract holder, you understand the 10 Winvale strategies described below: FAQs also discuss the sale and sale of ITAR-controlled defense items after the expiry of an applicable GWA or AAA. In this regard, the FAQs have made a more sensitive point on the subject discussed above, namely that domain restrictions in an expired agreement apply even after expiry. Among other things, parties that are not authorized under the expired contract cannot be associated with the expiry. However, the FAQs state that defence items manufactured as part of a GW or AAT that has expired since then „may be transferred between the same foreign signatories and sub-licenses and for the same end-users and end-uses that have been previously authorized under the TAA or GWG.” Answer #1: Yes, the continued use and exchange of technical data received by a TAA between previously authorized recipients for the same authorized end-use is in principle permitted even after the termination or expiry of the contract. All transfer conditions or conditions applicable to technical data approved under the TAA continue to apply.
However, if the activity requires the provision of a defence service by a U.S. person, a separate DDTC authorization would be required. Companies should also carefully consider the language used by DDTC in these two FAQs and indicate that this ITAR-controlled activity can only be pursued „among the same foreign signatories, sub-licenses and end-users” and „for the same authorized end-use.” Therefore, the scope of the expiry of the LPI or TAA (as well as all restrictions, conditions or other restrictions of the agreement) continues to restrict the parties who may participate in the activity controlled by THE ITAR at the expiry of the agreement and what those parties can do.