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. 1) Continued use and exchange of technical data between the United States and continued manufacturing by non-U.S. companies #1: at the expiry of a Technical Assistance Agreement (TA), can foreign parties continue to use and exchange previously authorized technical data for export between the same foreign signatories, under-licensed and end-users? 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). In all circumstances, companies covered by these requirements should ensure that their activities are licensed in accordance with the ITAR and ensure that they meet registration and reporting obligations. The FAQs also discuss the ongoing distribution and distribution of ITAR-controlled defence items at the expiry of an applicable GWG or AA TAA.
In this regard, the FAQs have made a more sensitive point on the subject discussed above, namely that domain restrictions in an expired agreement apply even after expiry. Among other things, parties that are not authorized under the expired contract cannot be associated with the expiry. However, the FAQs state that defence items manufactured as part of a GW or AAT that has expired since then “may be transferred between the same foreign signatories and sub-licenses and for the same end-users and end-uses that have been previously authorized under the TAA or GWG.” 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 #1: No, the transfer of defence items manufactured during the life of a TAA or GWG cannot be transferred without further DDTC authorization, between the same foreign signatories and sub-licenses, as well as for the same end-users and end-uses previously permitted under the TAA or GWG. For more information, see iTAR 124.8 (a) (5). (NOTE: Foreign defence items that are not manufactured under an agreement are not subject to the transmission limitations mentioned above, covered by Directive 124.8 (a) (5).) 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.