Technical Assistance Agreement (Taa)

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. Any new part (for example. B customer or end user, foreign beneficiary, sublicensing or new foreign site for these parties) or any new activity (. B for example, using the technical data provided previously or the know-how required to manufacture a new defense item) may require additional authorization from DDTC. In essence, every email, call and fax related to its product or customer requirements was subject to the requirements of technical data export licenses! The FAQs also discuss the ongoing distribution and distribution of ITAR-controlled defence items at the expiry of an applicable GWG or AA TAA. 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.” Some areas of shadow remain, for example. B whether continued manufacturing would require a continued “use” of ITAR-controlled technical data in a particular case, with the exception of the continued use of technical data that DDTC has highlighted in these FAQs for other purposes (e.g. B design, development and engineering activities). In all circumstances, companies covered by these requirements should ensure that their activities are licensed in accordance with the ITAR and ensure that they meet registration and reporting obligations. 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.

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