Not so long ago, I helped develop a compliance program for a well-known arms contractor whose business was selling communications systems for commercial and military aircraft in the United States. Their main problem was not the licensing of their products, but rather the fact that their distribution and marketing services were in the United States while their research and development facilities were in the United Kingdom. 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, a TAA would address these three problems: properly written, a technical assistance agreement may exclude the transfer of technical data to a foreign partner. They are more difficult and take longer to get permission from the DoS, but once approved, they are more flexible than licensing. Essentially, every email, call and fax related to their product or customer requirements was subject to technical data export authorization requirements! § 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).
We import items into the U.S. under DSP-73, but if we note ITAR clause 123.4a1. I think we used the wrong ITAR clause. that I see it. What are the concerns and requirements if a foreign (Italian) customer needs a factory visit? I`m thinking about the implications and feasibility of the ITAR application, but my current research shows that it will be a fairly important process and may not be feasible. Is there a website or reference that I could be flagged, which gives a good overview of what will be involved and what is its cost? It`s from the perspective of a start-up in Ontario, Canada. When I spoke to the company`s CEO, he looked me dead in the eye and said, “If we have to wait 60 days before sending an email to [foreign R&D partners], we have to close.” A description of an ITAR Part 120 Technical Assistance Agreement: We are working on a sensitive project in Asia for which suppliers must acquire a TAA from the U.S. Department of State. .