When Is A Technical Assistance Agreement Required
// 15 октября 2021 // Без рубрики
Answer #1: No, the transfer of defence items manufactured during the lifetime of a TAA or MLA can only be transferred between the same foreign signatories and subcontractors and for the same end-users and end-uses previously authorized under the TAA or MLA without further DDTC approval. See ITAR § 124.8(a)(5) for more information. (NOTE: Defense items of foreign origin that have not been manufactured in accordance with an agreement are not subject to the transfer restrictions of § 124.8 (a) (5) described above.) FaQs also cover the ongoing sale and distribution of ITAR-controlled defense items after an applicable MLA or TAA expires. Here, the FAQ sets out a more specific point about the issue discussed above – that scope restrictions in an expired agreement continue to apply even after expiration. Among other things, parties that are not allowed after expiration cannot be involved after expiration. However, the FAQs specify that defence items manufactured under an AMLA or TAA that has since expired may be “transferred between the same foreign signatories and sub-licenses, and for the same end-users and end-uses previously authorized under the TAA or MLA.” Question #1: Can a defence item manufactured or manufactured during the term of a contract (TAA or MLA) using technical data or defence services obtained through the agreement be transferred to a foreign person who was not a party to the agreement after the expiry of that agreement without further approval from DDTC? § 120.22 Technical Assistance Agreement. An agreement (e.B. contract) for 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 items. The assembly of defence articles is included in this section, unless production rights or manufacturing know-how are transferred. If these rights are transferred, § 120.21 applies (see part 124 of this sub-chapter).
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 conditions of re-transfer that applied to technical data approved under the TAA continue to apply. However, if the activity requires the provision of a defense service by the United States. . . .