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. 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).) 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. Not so long ago, I helped develop a compliance program for a well-known arms contractor who was involved in the sale of communications systems for commercial and military aircraft in the United States. Its main problem was not the licensing of their products, but the fact that their sales and marketing services were in the United States, while their research and development centres were in the United Kingdom. Properly drafted, a technical assistance agreement can free up the transmission of technical data to a foreign partner.
They are more difficult and take longer to get doS approval, but once they have been approved, they are more flexible than licensing.