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. 1) the agreement is signed by all parties (p. 124.4 a)); or 2) it is decided not to conclude the agreement (Az.: 124.5). Appendix A templates have been updated to: – Delete the nr statement. 124.12 (a) (10) of the letter of transmission – Remove the statement nr. 124.16 of the agreement – Update the mandatory instructions above. 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. In particular, L3Harris “was unable to submit the TAA and MLA agreements signed with DDTC.”  Once authorization has been granted for the ITAR agreement, several compliance tasks must be completed, including: implementation of regulations, implementation of agreements, file notifications and reports with DDTC/DTCL, balance management, file changes and record management.
Often, the approved ITAR agreement is not signed immediately by all parties. In this case, the U.S. applicant generally does not know that he or she does not meet the annual status update requirement for outstanding agreements.  All references to “ITAR agreements” and “agreements” include initial/basic agreements and amendments. 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. One of the first compliance procedures after the approval of an ITAR agreement is for all parties to sign the agreement. As a reminder, ITAR agreements must be implemented in order to be in force, i.e. they require the signature of an executive or an employee of each party entitled to sign contracts. Revised guidelines: www.pmddtc.state.gov/licensing/documents/agreement_guidelinesv4.4.pdf TAA and MLAs allow U.S.
individuals to export ITAR-controlled technical data and “defence services” (and non-U.S. persons to be traded 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.