The Directorate of Defense Trade Controls issued four new frequently asked questions regarding the use of technical data following the expiration of technical assistance agreements and manufacturing license agreements, according to an April 3 notice. The first FAQ clarifies that defense items manufactured during the life of a TAA or MLA may be transferred among the “same foreign signatories and sub-licensees” for the same end-users and end-uses previously authorized under the TAA or MLA. The second FAQ addresses the U.S. agreement holders’ intellectual property rights, and the third FAQ clarifies that foreign parties may continue to use and exchange technical data previously authorized even after the expiration of a TAA if the data is used for the same authorized end-use. The fourth FAQ says defense items produced or manufactured during the life of a TAA or MLA using technical data or defense services received through the agreement may not be transferred to a foreign person who was not a party to the agreement, after the agreement's expiration, without further authorization.
The State Department approved a potential $194 million military sale to South Korea, the Defense Security Cooperation Agency said March 30. The sale includes upgrades for aircrafts and their communication links, radios, transponders and more. The prime contractor is Lockheed Martin.
The Commerce Department Bureau of Industry and Security postponed its April export control seminar in Pennsylvania due to the COVID-19 pandemic, BIS said in a recent notice. The seminar, originally planned for April 15-16, will be rescheduled, BIS said.
The Office of the U.S. Trade Representative released the 2020 National Trade Estimate Report on Foreign Trade Barriers, detailing foreign trade barriers faced by U.S. exporters, it said in a March 31 notice. The notice includes a fact sheet on the USTR’s efforts to remove foreign trade barriers -- including recent trade deals with China (see 2001150073) and Japan (see 1912050058) -- and details on agricultural and digital trade barriers.
The U.S. Department of Agriculture Foreign Agricultural Service issued a March 31 report detailing changes to the procedures for exporting U.S. beef to China. The report can serve as a “general guide” for U.S. beef exporters navigating the new regulations, the agency said. The changes, which came as part of the phase one trade agreement (see 2003240041), include an expanded scope of beef products that are eligible for export, the removal of certain age limits for cattle, new maximum residue limit standards and an updated procedure for transmitting export documents, USDA said. In addition, almost all U.S. “beef muscle cuts” are included in China’s most recent tariff exclusions process (see 2002180039), USDA said.
The State Department and the Commerce Department issued notices clarifying that they are abiding by a March court order that blocked the transfer of 3D printing software from the U.S. Munitions List to the Commerce Control List (see 2003090029). Exporters of the software “must continue to treat such technical data and software as subject to control on the USML,” State said. Commerce stressed that all 3D printing-related license requests should be directed to the State Department.
The State Department is seeking comments on an information collection related to advisory opinion requests made by companies exporting defense goods or services, the State Department said in a notice. The collection applies to companies that seek opinions about whether the Directorate of Defense Trade Controls would be likely to grant a license for a particular defense export, the notice said. Comments are due June 1.
The State Department is seeking comments on an information collection related to notifications submitted to the agency concerning changes in registration information, according to a notice. The information collection applies to companies registered with the Directorate of Defense Trade Controls involved in “producing or marketing” goods controlled under the International Traffic in Arms Regulations. The collection also applies to companies who may be involved in a merger, acquisition or divestiture of a company that deals in ITAR-controlled items. Comments are due June 1.
The Directorate of Defense Trade Controls issued a new frequently asked question designed to help users of the recently released encryption rule (see 2003260005) better understand the “provision of access information to foreign persons,” the agency said in a March 27 notice. The DDTC said violations can occur under this provision if a “regulated person” provides access information to a foreign person who is able to access the encrypted technical data in an “unencrypted form” but is “not authorized to have the technical data.”
The Directorate of Defense Trade Controls is suspending pickup and drop-off courier services to comply with the government’s guidance to “maximize” social distancing, the DDTC said in a March 26 notice. The agency will instead send documents to companies through the U.S. Postal Service, and said companies should continue to mail documents to DDTC “as they have done in the past.” Certain “special requirements” may apply if sending or receiving classified documents, DDTC said. Questions about classified documents should be directed to EisenbeissBK@state.gov and DiggsYM@state.gov.