08 Abr Agreements Guidelines Ddtc
The agreements under the International Traffic in Arms Regulations (“ITAR”) serve as a licensing tool for the transfer of defence, technical data, manufacturing know-how and defence services between a U.S. and a foreign party. Compliance with the requirements of these agreements is an important element of ITAR compliance, as evidenced by the most important recent approval agreement of L3Harris Technologies, Inc. (“L3Harris” or “The Enterprise”) with the U.S. State Department(“State” Directorate of Defense Trade Controls (DDTC). It is important that DDTC enter into an approval agreement with L3Harris in the fall of 2019 for alleged violations of the Arms Export Control Act (“AECA”) and ITAR. One of the 131 alleged ITAR offences contained in the proposed royalty letter was “violation of licence conditions and agreements.”  In particular, the company breached the terms and conditions of the TAAs and GWGs by not submitting: 1) the first export reports;  2) of the agreements reached;  3) annual status declarations;  4) a written statement on the agreements reached;  and 5) annual sales reports;  not only the non-disclosure by DDTC of unsigned agreements.  TAAs and MLAs authorize the United States to export ITAR-controlled technical data and “defence services” (and non-U.S. persons trading 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. Revised guidelines: www.pmddtc.state.gov/licensing/documents/agreement_guidelinesv4.4.pdf The exported copy must be accompanied by a cover letter containing the applicant`s registration code, contract number and other relevant information. In addition, the cover letter for the exported LGG filing must also contain a copy of the license authorization as well as an original copy and an additional copy of the cover letter that was made after . 124.4 (b) (1) (4) contains the necessary information (for example. B the identity of the foreigner and the parties concerned, the descriptions and estimated value of the defence, restrictions on the transmission of third parties and other quantities of production and disposition). As noted in the Propositiond Charging Letter, L3Harris violated this requirement by failing to “present a written statement accompanying the LWG agreements concluded.”  Once authorization has been granted for the ITAR agreement, several compliance tasks must be completed, including: regulatory implementation, enforcement of agreements, file notifications and reports with DDTC/DTCL, balance management, file changes and record management. ITAR approves three types of licensing agreements: 1) the Technical Assistance Agreement (“TAA”); 2) the Manufacturing License Agreement (“MLA”); and 3) the storage and distribution agreement (“WDA”); Collectively referred to as “ITAR agreements.”  Once the agreement is fully implemented by all parties, a copy of the ITAR agreement must be filed electronically with DDTC/DTCL within 30 days of its entry into force.  Note that this is one of the ITAR agreement notifications that L3Harris has not concluded.