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. I am thinking about the implications and feasibility of the ITAR application, but my current research shows that this will be quite the process, and perhaps impossible. Is there a website or reference that I could be informed of, that would give a good overview of what it entails and the associated costs? It is from the point of view of a Canadian start-up. 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. 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 order to understand what it means to comply with the TAA and to ensure that this is your case, it is important that as the holder of the MAS contract, you understand the 10 Winvale strategies described below: Answer #1: Yes, the current use and exchange of technical data received by a TAA between previously authorized recipients for the same authorized end-use are generally allowed even after termination or expiry.