Properly drafted, a technical assistance agreement can free up the transmission of technical data to a foreign partner. They are more difficult and take longer to get doS approval, but once they have been approved, they are more flexible than licensing. Fortunately, there is a procedure that has been developed only for this purpose, a technical assistance agreement or TAA. With a technical assistance agreement, you do not apply for a license to export the number of physical X products to another country. Instead, you can ask permission to discuss and share regulated technical data with an overseas contact. In general, a TAA would address these three problems: companies should also carefully address the DDTC language used in the 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 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. 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. 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? 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).