Comments on: DDTC Amends Rules on Transfers of Technical Data

By: Lisa

Lisa — Fri, 22 Feb 2008 22:31:24 +0000

Does anyone know what the DDTC means by the statement “We will consider country of birth a factor.” So if I have a person who was born in China but became a German Citizen and Germeny is on my TAA does that mean I also have to put born in China?

By: Matthew J. Lancaster

Matthew J. Lancaster — Wed, 26 Dec 2007 22:33:46 +0000

Clif,

DDTC’s website seems to support your above interpretation and go one step further - implying that the new rule will only be applied to TAAs/MLAs where all signatories and sublicensees are nationals of NATO countries, EU countries, Australia, New Zealand, Japan, or Switzerland in the first instance. See http://www.pmddtc.state.gov/dual_nationals.htm

Of course, one could always apply for use of the rule for their Saudi TAA and see what happens…

I’d be interested to know what happens to the first person who has successfully invoked the rule for their TAA and now needs to support NATO in Afghanistan. “Okay. Now I need everyone to leave the tent except the Belgians.” However you read the rule, this scenario could be a problem.

By: Clif Burns

Clif Burns — Thu, 20 Dec 2007 17:55:00 +0000

Although the language could be clearer, Bill, my thoughts are that “those countries” probably refers to member States of NATO and the European Union, Australia, Japan, New Zealand, and Switzerland and not to a country of a foreign signatory of an approved agreement.

So, if you had a TAA signed by a company in, say, Saudi Arabia the new rule wouldn’t cover disclosures to an employee who was a dual national of Saudi Arabia and Germany, unless the dual national was in Germany and the disclosure was made directly to him from the United States

Anybody else have any thoughts on this question?

By: Bill Clements

Bill Clements — Thu, 20 Dec 2007 16:43:31 +0000

The rule is not clear to me on whether it authorizes access by dual/foreign nationals of one of the permitted countries, who are employees of a foreign licensor that is located (and the employees are located) in a country that is not within the priveleged class. It says “The retransfer must take place completely within the physical territories of those countries or the United States.” Any thoughts on what “those countries” means?

By: ITAR Amendment: Technical Data under TAAs « Res Communis

ITAR Amendment: Technical Data under TAAs « Res Communis — Thu, 20 Dec 2007 16:24:24 +0000

[...] ITAR Amendment: Technical Data under TAAs December 20, 2007 at 10:24 am | In Aerospace Law Interfaces | 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. [...]

By: Vito

Vito — Thu, 20 Dec 2007 15:49:56 +0000

Not to mention US permanent resident aliens (green card holders) that remain citizens of their native countries (many don’t even care of becoming US citizens and often openly state they will one day return to their native countries) yet DDTC considers them US persons.