CommissionIssues

  • Subscribe to our RSS feed.
  • Twitter
  • StumbleUpon
  • Reddit
  • Facebook
  • Digg

Monday, March 11, 2013

DDTC Modifies Procedures to Utilize ITAR Section 126.18 Exemption to Transfer Technical Data to Foreign Nationals Via Agreements

Posted on 7:21 AM by Unknown
The State Department's Directorate of Defense Trade Controls (DDTC) has issued updated procedures for exporters utilizing the exemption contained in section 126.18 of the International Traffic in Arms Regulation (ITAR) authorizing the intra-company or intra-organization transfer of ITAR-controlled technical data via technical assistance agreements (TAAs) and manufacturing licensing agreements (MLAs).

Section 126.18 of the ITAR, which was published by DDTC in May 2011 and went into effect on August 15, 2011, allows companies, governmental entities and international organizations, to transfer unclassified defense articles, including technical data, to their dual and third-country full-time employees as long as “effective procedures” are in place to prevent diversion to unauthorized destinations, entities or for unauthorized purposes.

In guidance issued on July 25, 2011, DDTC required all TAAs and MLAs to be amended prior to use of the ITAR § 126.18 exemption to (1) update the new verbatim clause at ITAR § 124.8(5); and (2) to add specific language to the ITAR § 124.7(4) section of the agreement.

Based on DDTC's review of these requirements and through experience gained by DDTC in administering the new provision, DDTC has decided to change the requirement for utilizing the § 126.18 in connection with TAAs and MLAs.

Effective immediately, TAAs and MLAs do not have to be amended to include the modifications cited above in order to utilize the ITAR § 126.18 exemption. However, all agreement holders and foreign parties utilizing the ITAR § 126.18 exemption must maintain a copy of DDTC's web notice in their records.

However, DDTC will require all TAAs or MLAs that are amended to be updated to include the updated ITAR §124.8(5) verbatim clause. All pending TAAs and MLAs, or amendments, which do not include the updated ITAR § 124.8(5) verbatim clause will receive a proviso to correct prior to execution of the agreement or amendment.

In addition, the requirement to specifically request use of the ITAR § 126.18 exemption in the ITAR § 124.7(4) paragraph of the agreement is no longer required. However, in order to continue the use of ITAR § 124.16 under Option 1 (foreign vetting), or the initial request of ITAR § 124.16, the TAA or MLA must be amended to include Option 2 (DDTC vetting) language.

DDTC will soon update its guidelines for preparing electronic agreements to reflect this policy change.
Email ThisBlogThis!Share to XShare to FacebookShare to Pinterest
Posted in | No comments
Newer Post Older Post Home

0 comments:

Post a Comment

Subscribe to: Post Comments (Atom)

Popular Posts

  • OFAC Announces Rare "Finding of Violation" for Failing to File Blocked Property Reports
    OFAC's Office of Enforcement last week issued a rare " Finding of Violation " to Visa International Service Association for fa...
  • DDTC Issues Announcement Regarding Use of USML Category XXI
    The State Department's Directorate of Defense Trade Controls (DDTC) issued an announcement (doc) today that could impact many exporter...
  • BIS Publishes Final Rule Regarding In-Country Transfers to Parties on Entity List
    The Bureau of Industry (BIS) published a final rule (PDF) in today's Federal Register amending several sections of Part 744 of the Exp...
  • Photos From BIS 2010 Export Control Forum
    Below are some photos from the Bureau of Industry and Security's 2010 Export Control Forum that was held earlier this week in Irvine, Ca...
  • Highlights from Bureau of Industry and Security's 2012 Annual Report
    The Bureau of Industry and Security (BIS) recently published its annual report to Congress for Fiscal Year 2012. In addition to providing a...
  • BIS Imposes Denial Orders and Civil Penalties in Cases Involving Unlicensed Exports From U.S. to Taiwan
    In a series of four related cases involving the unlicensed exports of chemicals, metals and electronic components from the U.S. to Taiwan, t...
  • AEI to Present Export Control Reform Program on October 5th in Washington, DC
    While there have been a large number of export control events scheduled lately, here is another good one to add to your calendar. The Americ...
  • BIS Publishes Rule Making Editorial Changes to Commerce Control List
    The Commerce Department's Bureau of Industry and Security (BIS) published a final rule in today's Federal Register modifying the Co...
  • Addressing Today’s Most Common Corporate Compliance Gaps
    Guest Post Addressing Today’s Most Common Corporate Compliance Gaps By Steve Kuzma and Paul Harris, Ernst & Young LLP* Increased corpora...
  • Seasons Greetings and Happy New Year From International Trade Law News and Letter to Santa Regarding Possible Compliance Violations
    Season's Greetings and Happy New Year to all of our loyal readers and clients around the world. See you in 201 3 .  In the spirit of th...

Categories

  • 10+2 (1)
  • 2B350 (1)
  • AES (12)
  • Antidumping (17)
  • ATPA (1)
  • Belarus (2)
  • best practices (1)
  • BIS (56)
  • BIS Update Conference (14)
  • BIS; EAR (22)
  • BIS; EAR; (7)
  • Boycotts (2)
  • Burma/Myanmar (1)
  • C-TPAT (3)
  • Canada (2)
  • CBP (20)
  • CBP; Marking (1)
  • CEEC (1)
  • Census (11)
  • CFIUS (2)
  • China (8)
  • China; (11)
  • Commerce Department (2)
  • Congress (10)
  • Countervailing Duties (8)
  • CPSC (1)
  • Cuba (18)
  • Customs (12)
  • Customs Brokers (1)
  • DDTC (21)
  • EAA (1)
  • Export Controls (144)
  • Exports (17)
  • FAST (1)
  • FCPA (34)
  • Free Trade Agreements (4)
  • GSP (8)
  • HTS (2)
  • Incoterms (8)
  • India (6)
  • ITAR (46)
  • ITC (2)
  • Japan (2)
  • Libya (5)
  • Miscellaneous (27)
  • NASA (3)
  • North Korea (8)
  • OFAC (36)
  • Sanctions (10)
  • Sanctions; Iran (58)
  • Sanctions; Sanctions; Syria (1)
  • Sanctions; Sudan (6)
  • Sanctions; Syria (6)
  • State Department (4)
  • Trade Policy (1)
  • TSRA (1)
  • Twitter (1)
  • UAE (5)
  • United Kingdom (1)
  • United Nations (3)
  • USTR (3)
  • Vietnam (2)
  • WTO (2)
  • Zimbabwe (1)

Blog Archive

  • ▼  2013 (17)
    • ►  September (1)
    • ►  August (4)
    • ►  July (1)
    • ►  June (1)
    • ►  May (5)
    • ►  April (2)
    • ▼  March (2)
      • DDTC Modifies Procedures to Utilize ITAR Section 1...
      • Obama Administration Notifies Congress of Proposed...
    • ►  January (1)
  • ►  2012 (32)
    • ►  December (3)
    • ►  October (5)
    • ►  August (3)
    • ►  July (6)
    • ►  June (1)
    • ►  May (2)
    • ►  April (2)
    • ►  March (5)
    • ►  February (4)
    • ►  January (1)
  • ►  2011 (63)
    • ►  December (7)
    • ►  November (1)
    • ►  October (6)
    • ►  September (7)
    • ►  August (6)
    • ►  July (1)
    • ►  June (2)
    • ►  May (10)
    • ►  April (1)
    • ►  March (6)
    • ►  February (4)
    • ►  January (12)
  • ►  2010 (114)
    • ►  December (12)
    • ►  November (2)
    • ►  October (1)
    • ►  September (6)
    • ►  August (16)
    • ►  July (16)
    • ►  June (9)
    • ►  May (2)
    • ►  April (8)
    • ►  March (11)
    • ►  February (19)
    • ►  January (12)
  • ►  2009 (237)
    • ►  December (35)
    • ►  November (10)
    • ►  October (4)
    • ►  September (29)
    • ►  August (10)
    • ►  July (22)
    • ►  June (13)
    • ►  May (11)
    • ►  April (20)
    • ►  March (24)
    • ►  February (29)
    • ►  January (30)
  • ►  2008 (37)
    • ►  December (37)
Powered by Blogger.