FaQs also cover the ongoing sale and distribution of ITAR-controlled defense items after an applicable MLA or TAA expires. Here, the FAQ sets out a more specific point about the issue discussed above – that scope restrictions in an expired agreement continue to apply even after expiration. Among other things, parties that are not allowed after expiration cannot be involved after expiration. However, the FAQs specify that defence items manufactured under an AMLA or TAA that has since expired may be “transferred between the same foreign signatories and sub-licenses, and for the same end-users and end-uses previously authorized under the TAA or MLA.” Answer #2: The continued use and exchange of technical data previously approved for export between the same foreign signatories, sub-licenses and end-users is generally permitted, even after the termination or expiration of the contract. However, foreign parties may no longer use the technical data for production without a separate authorisation. Foreign parties must obtain approval from the DDTC through a request for general correspondence to continue producing using ITAR-based technical data after the expiry of an AMLA. If the continuation of the production activity requires the provision of a defense service by a U.S. person, a separate approval from the DDTC would be required. In two new FAQs, the DDTC states that after the expiration of an applicable MLA or TAA, non-US parties may continue to use and exchange ITAR-controlled information and know-how they have received, but any other ITAR-controlled technical support or technical data from the US parties would require re-approval from DDTC.
However, there is no way to get a renewed MLA or TAA that can meet the approval requirement for continued U.S. support. Parties to an agreement that has expired in certain circumstances, such as when applying for .B a DSP-5 licence for “limited” defence services or when using a regulatory exemption. For example, ItAR Article 125.4(b)(4) allows a U.S. Party to distribute copies of certain types of previously authorized technical data to the same recipients. Another exception in section 125.4(b)(5) applies to “basic” operational, maintenance and training information relating to a defence item that has already been lawfully exported or authorized for export to the same consignee. Certification and record-keeping requirements apply, and there are cases where these exceptions cannot be used. Question #1: Can a defence item manufactured or manufactured during the term of a contract (TAA or MLA) using technical data or defence services obtained through the agreement be transferred to a foreign person who was not a party to the agreement after the expiry of that agreement without further approval from DDTC? TaAs and MAs allow U.S. individuals to export technical data controlled by ITAR and “defense services” (and to exchange non-U.S. persons outside the U.S.).
An ABA may also authorize the provision of manufacturing rights or know-how. Members of Parliament and TAAs generally have a term of 10 years, and questions often arise about what activities can and cannot continue when an agreement expires without receiving a new or newly established agreement. Non-U.S. parties to the Agreement may have developed or produced information or products from ITAR-controlled technical data and manufacturing rights or know-how originating in the United States at that time, and the underlying business relationships or agreements may survive the expiration of ITAR approval. . . .