Once permission has been granted for the ITAR agreement, several compliance tasks must be performed, including: rule implementation, enforcement of agreements, file notifications and reports with DDTC/DTCL, balance management, file changes and record management. Question #1: when a technical assistance agreement (TA) expires, can foreign parties continue to use and exchange technical data previously authorized for export between the same signatories, under-licensed and end-users? If the decision to terminate the ITAR agreement has been made, the U.S. applicant must notify DDTC/DTCL in writing no later than 30 days before the expiry date of the agreement. The termination letter must be downloaded into the approved license of the basic agreement and must contain the applicant`s registration code DDTC and contract number. The notice period of a GW and a WDA must be accompanied by a final summary of the sales report or a final summary of the activity. 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).
Companies should also carefully consider the language used by DDTC in these two FAQs and indicate that this ITAR-controlled activity can only be pursued “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. If the ITAR agreement is not executed within one year of the approval date, the applicant must submit an annual written report to DDTC/DTCL, which includes the status of the agreement (the “annual report”). The business status report must be put online in the corresponding license authorization (for example. B authorization DSP-5) of the ITAR agreement.