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For companies in the import export industry with a harmonized tariff schedule, having properly drafted Technical Assistance Agreement is critical.
Without understanding DDTC ITAR restrictions, getting the approval is by itself time-consuming. However, further delay can occur if not having it drafted properly. At Watson & Associates, LLC, our export control lawyers and ITAR Consultants provide guidance and legal advice to small businesses and large companies nationwide.
- We help companies to avoid costly mistakes;
- Draft the requisite forms and agreements
- Stay in compliance with the confusing ITAR regulations
What is a Technical Assistance Agreement?
A Technical Assistance Agreement is a document which specifies the arrangement between you and the foreign person who will be the recipient of the defense service.
A Technical Assistance contract has to be approved before you release restricted data in foreign traffic if you are a U.S. person providing a defense service to a foreign person The U.S. State Department’s Directorate of Defense Trade Controls Licensing (DTCL) approves the agreement
Under ITAR regulation section 120.9, a defense service is defined in three areas: “the furnishing of assistance,” providing “military training” and “furnishing . . . any technical data.” In other words, if you are providing technical data, you are also providing a defense service.
Your Technical Assistance agreements and contracts must comply with the U.S. State Department Bureau of Political Military Affairs Guidelines (TCL).
FAR 27.5. Foreign License and Technical Assistance Agreements
Federal agencies are required to provide the necessary policy and procedures regarding foreign technical assistance agreements and license agreements involving intellectual property, including avoiding unnecessary royalty charges. When government contractors experience delays in processing the requirements under FAR 27.5, they should act quickly because the company’s rights might be at risk.
How long to process a Technical Assistance Agreement? The time required for processing a Technical Assistance Agreement is not concrete but the agency usually allows 60 days for approval.
For Immediate Help Call Our ITAR Consultants
We provide services to import and export companies within the U.S. and overseas. Call us for a FREE Initial Consultation at 1-866-601-5518.