It is important that DDTC entered into an acceptance agreement with L3Harris in the fall of 2019 for alleged violation of the Arms Export Control Act (“AECA”) and the ITAR.  All references to “ITAR agreements” and “agreements” contain the initial/basic agreements and amendments. TaAs and MLAs allow the U.S. to export technical data and ITAR-controlled “defense services” (and to exchange non-U.S. persons outside the U.S.). A GwG may also authorise the provision of production rights or know-how. MLAs and TAAs typically have a term of 10 years and questions often arise about which activities can and cannot be continued when an agreement expires without obtaining a new agreement or agreement. Non-U.S. Parties to the Agreement may at that time have developed or produced information or products derived from technical data and manufacturing rights or know-how controlled by iTAR originating in the United States, and the underlying business relationships or agreements may continue upon expiration of the ITAR authorization. For example, non-U.S.
parties may have ongoing contracts or sales opportunities or obligations such as repairs and maintenance. So what types of activities under itAR can be continued without a renewed MLA or TAA and what types of activities require additional authorisation? DDTC has provided some useful answers in these new FAQs. Once the agreement has been fully executed by all parties, a copy of the executed ITAR agreement must be submitted electronically to DDTC/DTCL within 30 days of its entry into force.  Note that this is one of the necessary ITAR contractual notifications that L3Harris has not concluded. . . .