4. A statement indicating the military security classification of the equipment or technical data. The United States that is a party to a proposed production license agreement or technical assistance agreement must notify the Defense Commercial Control Directorate when a decision is made not to enter into the agreement. The information must be provided within sixty days of the date of the decision. These requirements only apply if the authorization of the Directorate of Defence Controls has been obtained for the conclusion of the agreement (with or without reservation). Answer #2: The continued use and exchange of technical data previously authorized for export between the same foreign signatories, sub-licenses and end-users are in principle permitted even after the termination or expiry of the contract. However, foreign parties may not continue to use the technical data for manufacturing without separate authority. Foreign parties must obtain authorization from DDTC on a general correspondence issue in order to continue to produce technical data at the expiration of an MLA using technical data controlled by the ITAR. If the continuation of the production activity requires the provision of a defense service by a U.S.
person, a separate authorization from the DDTC would be required. Access information is information that allows access, in an unencrypted form, to the encrypted technical data subject to this sub-chapter. Examples include decryption keys, network access codes and passwords. 2. Department of Defense officials must monitor all activities related to the investigation or analysis to ensure against the unauthorized transfer of data or technical services, and the United States must follow the procedures described in paragraphs (a)(1) and (a)(2) of this section. (6) The disclosure of previously encrypted technical data in accordance with subsections 120.50 (a) (3) and (4) of this sub-chapter. (2) The provision of technical data controlled in this sub-chapter (see § 120.10), whether in the United States or abroad, to foreign persons; or defence article means all the objects or technical data referred to in paragraph 121.1 of this sub-chapter. The Directive described in Article 120.3 applies to names of complementary articles. This term includes technical data recorded or stored in physical form, models, models or other objects containing technical data directly relating to the objects referred to in paragraph 121.1 of this sub-chapter. These include forging parts, cast iron parts and other unfinished products, such as extrusions and machined bodies, that have reached a stage of manufacture where they are clearly identifiable by mechanical properties, materials, geometry or defence articles. It does not contain basic marketing information about the function or purpose or general descriptions of the system.
(2) The disclosure or other transfer of technical data to a foreign person who is a national or permanent resident of a country other than the country where the release or transmission is made (a person “considered a re-exporter” or a TAA and an MLA authorize the United States. . . .