(1) Providing assistance (including training) to foreign persons, whether in the United States or abroad, for the design, design, construction, manufacturing, production, assembly, control, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defence items; (f) The software includes, but is not limited to, system function design, logic flow, algorithms, application programs, operating systems and support software for design, implementation, testing, operation, diagnosis and repair. A person who wishes to export only software should, unless it is specifically mentioned in section 121.1 of this sub-chapter (for example. B CATEGORY USML XIII (b)), apply for a technical data license in accordance with Part 125 of this sub-chapter. (6) The publication of pre-encrypted technical data in accordance with the provisions of Article 120.50 (a) and 4 of this sub-chapter. b) Any transfer of technical data to a foreign person in the United States is considered an export to all countries in which the foreign person has nationality, possesses it or has permanent residence. Cooperation with foreign affiliates without ITAR agreements Fortunately for us, there is a procedure that has been developed only for this purpose, called an agreement on technical assistance or TAA. With a technical assistance agreement, you do not apply for a license to export the number of physical X products to another country. Instead, you can ask permission to discuss and share regulated technical data with an overseas contact. In general, a TAA would address these three problems: properly written, a technical assistance agreement can free up the transmission of technical data to a foreign partner. They are more difficult and take longer to get doS approval, but once they have been approved, they are more flexible than licensing. (3) the use of access data to access, view or possess a foreign person, including yourself, to unencrypted technical data; or an agreement (for example.
B a contract) for the creation of a warehouse or distribution location abroad for defence items exported from the United States for future distribution to companies located in an authorized sales area (see part 124 of this sub-chapter). (2) disclosure or other transmission of technical data to a foreign person in the United States (considered “exported”); There are no agreements or conference notifications under the EAR. When a U.S. company wishes to cooperate with a foreign parent company or a subsidiary close to its subsidiary, the U.S. side must analyze whether cooperation involves the exchange (i.e. export) of EAR “Technology” with the foreign subsidiary. “Technology” under the EAR has a narrower definition than “technical data” under ITAR, as well as a broader carve-out for information in the public sector, but product design, development and production cooperation will generally continue to require at the U.S. level.