Guidelines for Preparing Technical Assistance Agreements
(d) Compulsory licences for exports to insurers and insurers: None of the exceptions or sub-licences available in this sub-chapter may be used for the export of technical data for the purpose of obtaining or meeting insurance requirements. Such exports shall always be subject to the requirements for prior approval and repatriation of §§ 3 and 38 of the Arms Export Control Act, as they apply in the relevant provisions of this Sub-Chapter. 5. This derogation for defence services does not apply to maintenance training, maintenance and maintenance work or the transmission of technical data in support of the following defence items: Question 1: After the expiry of a Technical Assistance Agreement (TAA), can foreign parties continue to use and exchange technical data previously approved for export between the same signatories, underlicens and foreign end-users? (a) agreements. Agreements (by .B. contracts) between U.S. persons and foreign persons for the storage and distribution of defense equipment must be approved by the Directorate of Defense Trade Control before they come into effect. These agreements are limited to unclassified defence items and include special distribution, end-use and reporting conditions. Export permits under these agreements must be obtained prior to the export of defence-related goods, unless an exception under section 123.16(b)(1) of this subchapter applies. (9) Unless the items covered by the agreement are actually intended for distribution to individuals or organisations (e.g.
B, cryptographic devices and software for financial and commercial applications), the following clause must be included in all storage and distribution agreements: “Sales or other transfers of the licensed item are limited to the governments of the countries of the distribution territory and to private entities, the licensed item under a contract with a government located in the distribution territory, unless prior written permission from the U.S. Department of State is obtained. (a) clauses for all manufacturing license agreements. The following clauses can only be included in manufacturing license agreements: (a) The following information must be included in all manufacturing license agreements and technical support agreements offered. The information should be as accurate as possible. If the applicant considers that a clause or the required information is not relevant or necessary, the applicant may request the omission of the clause or information. The letter of transmittal accompanying the agreement shall state the reasons for any proposed changes to the clauses or the information required. Some grey areas remain, for example. B whether continued manufacturing in a particular case would require continued “use” of the technical data controlled by ITAR beyond the continued use of the technical data that DDTC designates as legal in these FAQs for other purposes (e.B.
design, development and engineering activity). In all circumstances, entities covered by these requirements should carefully assess whether their activities are permitted under ITAR and ensure that they comply with their record-keeping and reporting obligations. (1) Continued use and exchange of technical data between non-U.S. parties and continued production by non-U.S. parties (3) “If the U.S. Government is obligated or required to pay to the licensor royalties, fees, or other charges for the use of technical data or patents involved in manufacturing, the use or sale of a licensed item; Royalties, fees, or other expenses related to the purchase of this Licensed Item from Licensee or its sublicensees using funds obtained from the United States Government shall not exceed the total amount that the United States Government would have received. obligation to pay the Licensor directly.â (b) Required Information. Proposed storage and distribution agreements (and amendments thereto) will be subject to approval by the Defence Trade Control Directorate. The following information must be included in all such agreements: Answer #1: Yes, the continued use and exchange of technical data obtained through an AAT between previously authorized recipients for the same authorized end-use is generally permitted even after the termination or expiration of the contract.
Any reservations or retransmission conditions that applied to technical data approved under the TAA continue to apply. However, if the activity requires the provision of a defense service by a U.S. person, a separate approval from the DDTC would be required. (3) A statement of the U.S. Government contract under which the equipment or technical data was generated, upgraded, or developed and delivered to the U.S. Government, and whether the equipment or technical data was derived from an offer or other proposal to the U.S. Government. b) Technical data of U.S. origin to be used in the foreign manufacture of defense-related products do not go beyond the data required for the purposes of the construction-to-print tender (construction to print means that a final product (i.e. a system, subsystem or component) is produced from drawings and technical specifications (which do not contain information about the process or know-how) without support additional technique.
is mandatory). The publication of accompanying documentation (e.B acceptance criteria, object code software for CNC machines) is permitted. Construction to print does not involve the disclosure of information disclosing design methodology, technical analysis, detailed information about manufacturing processes or know-how); and Answer No. 2: The subsequent use and exchange of technical data previously authorized for export between the same signatories, sub-licensees and foreign end-users is in principle permitted even after the termination or expiry of the contract. However, foreign parties may not continue to use the technical data for production without a separate authorisation. Foreign parties must obtain approval from the DDTC through a general correspondence request in order to continue producing with ITAR-controlled technical data after the expiration of an AMLA. When the continuation of the production activity requires the provision of a defense service by an American. Nobody, then a separate DDTC authorization would be required. 4. A statement indicating the military security classification of the equipment or technical data. 2.
The agreement shall specify the medium and technical data to be provided, including design and manufacturing know-how, and the manufacturing rights to be granted. (6) Eligibility criteria for foreigners. Foreign persons eligible for technical data or maintenance training under this exemption are limited to nationals of NATO countries, Australia, Japan or Sweden. (d) Minor modifications. Amendments that only modify the performance or delivery plans, or other minor administrative changes that do not affect in any way the duration of the contract or the clauses or information that must be included in such agreements due to the requirements of this Part, do not need to be submitted for approval. A copy of all such minor amendments must be submitted to the Directorate of Trade Control for defence purposes within thirty days of their completion. (5) requires the foreign person, including subcontractors, to destroy or return to the person in the United States all technical data exported in accordance with the contract or order if their conditions are met; and (c) Amendments. Changes to the scope of approved agreements, including changes, upgrades or extensions, must be submitted for approval.
Amendments can only come into force after they have been approved by the Defence Trade Control Directorate. 4. Supporting technical data shall not be classified and shall not include software documentation on the design or details of the software, software source code, design methodology, technical analysis or manufacturing know-how as described in paragraph (c)(4)(i) to (c)(4)(iii) as follows: (a) An application for authorization of a manufacturing licence or technical assistance agreement with a foreign person shall be accompanied by a statement of reasons Attach letters. The explanatory letter must contain: e) Letter of transmittal. Applications for approval of storage and distribution agreements with foreign persons must be submitted by letter. The letter contains: (a) Types of agreements that require insurance. With regard to a manufacturing license agreement or technical assistance agreement relating to significant military equipment or classified defence equipment, including classified technical data, a certificate of non-transfer and use (Form DSP-83) signed by the applicant and the foreign party (see § 123.10 of this sub-chapter) must be submitted to the Directorate of Defence Trade Control. For all agreements concerning classified items, including classified technical data, an authorized representative of the foreign government must sign PSD-83 (or give the same assurances in the form of a diplomatic note), unless the Defence Trade Control Directorate has granted a waiver of this requirement. The Defence Trade Control Directorate may require that a PSD-83 be provided in conjunction with an agreement that does not cover significant military equipment or classified defence equipment.
The Directorate of Defence Commercial Controls may also require, with respect to any agreement, that a competent authority of the government of the foreign party also sign the DSP-83 (or give the same assurances in the form of a diplomatic note). (a) The Arms Export Control Act requires that, before granting approval of a manufacturing license agreement or technical assistance agreement within the meaning of Articles 120.21 and 120.22, respectively, Congress receive certification for the manufacture of significant military equipment abroad (see section 120.7 of this subchapter) that is entered into with a country, regardless of its value in dollars. .