ITAR Amendment: Technical Data under TAAs

December 20, 2007 at 10:24 am | Posted in Aerospace Law Interfaces | Leave a comment

by P.J. Blount with the blog faculty
The Directorate of Defense Trade Controls (DDTC) has released a final rule governing the transfer of technical data through Technical Assistance Agreements (TAA) under the International Traffic in Arms Regulations (ITAR) (hat tip ExportLawBlog). The rule effects the transfer of data to nationals of thirds party countries under TAAs. The old rule did not allow for transfer without specific permission from the DDTC. The new rule allows the transfer if the four conditions are met:

§ 124.16 Special Retransfer Authorizations for Unclassified Technical Data and Defense Services to Member States of NATO and the European Union, Australia, Japan, New Zealand, and Switzerland.

The provisions of § 124.8(5) of this subchapter notwithstanding, pursuant to this subsection the Department may approve access to unclassified defense articles exported in furtherance of or produced as a result of a TAA/MLA, and retransfer of technical data and defense services to individuals who are third country/dual national employees of the foreign signatory or its approved sub-licensees provided they are nationals exclusively of countries that are members of NATO the European Union, Australia, Japan, New Zealand, and Switzerland and their employer is a signatory to the agreement or has executed a Non Disclosure Agreement. The retransfer must take place completely within the physical territories of these countries or the United States. Permanent retransfer of hardware is not authorized.