Taa Technical Assistance Agreement
Question #1: Upon expiry of a Technical Assistance Agreement (TAA), can foreign parties continue to use and exchange technical data previously authorized for export between the same foreign signatories, sub-licenses and end-users? § 120.22 Technical Assistance Agreement. An agreement (for example. B contract) relating to the provision of a defence service or the disclosure of technical data, contrary to an agreement granting a right or licence to manufacture defence articles. The assembly of defence articles is included in this section, unless production rights or know-how are provided. Where such rights are transferred, Article 120.21 applies (see Part 124 of this Sub-Chapter). Question #1: Can a defence item manufactured or manufactured during the term of an agreement (TAA or MLA) using technical data or defence services obtained through the agreement be transferred, upon expiry of this agreement, to a foreign person who was not a party to the agreement? Companies should also carefully respect the language used by DDTC in these 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 volume of the expiration of the MLA or TAA (as well as any reservations, conditions or other restrictions in the agreement) continues to restrict which parties can participate in the ITAR-controlled activity upon expiration of the agreement and what those parties can do. All new parts (for example. B customers or end-users, foreign beneficiaries, sub-licences or new foreign sites for these parties) or any new activity (e.g.
B the use of previously provided technical data or know-how to manufacture a new defence item) may require additional authorization from DDTC. Fortunately, there is a procedure that was only developed for this purpose and is called technical assistance agreement or TAA. With a technical support agreement, you do not apply for a license to export physical products X to another country. Instead, you can request permission to discuss and share the regulated technical data with a contact abroad. Generally speaking, an TAA would tackle these three problems: essentially, every email, call and fax related to their product or customer requirements is subject to export authorization requirements for technical data! Answer #2: Continued use and exchange of technical data previously authorized for export between the same foreign signatories, sub-licenses and end-users are in principle permitted even after the termination or expiration of the contract. . . .