Licensing Guidance Stemming from ITAR Revisions for Dual/Third Party Nationals

Last Updated: March 4, 2008

(72 FR 71789) amended the ITAR regarding transfers to third country/dual national employees associated with agreements. A separate updated notice (http://www.pmddtc.state.gov/dual_nationals.htm) provides direction for agreements which have already received approval from DDTC. This notice provides guidance on future submissions of agreements and amendments.

The following interim changes are made to Guidelines for Preparing Agreements. DDTC anticipates a complete revision to these guidelines by the middle of summer 2008.

Effective February 1, 2008, any submission not meeting these requirements is subject to being Returned Without Action.

On pages 10 and 22 of the Guidelines, insert the following after the (a)(9) statement:

(a)(10) This agreement (does/does not) request retransfer of defense articles and defense services pursuant to ITAR 124.16. (Change or No Change on page 22)

On page 15 of the Guidelines, the applicant must include the following statements (as applicable) as part of the information required by ITAR 124.7(4): (It is possible to use both the second and third statement depending on location of the foreign licensees/sublicensees.)

If Not Requesting Third Country/Dual Nationals
This agreement does not authorize access to defense articles or transfer of technical data/defense services to third country/dual national employees of the foreign licensees (or approved sublicensees – if applicable).

If Requesting Third Country/Dual Nationals Who Do Not Qualify for ITAR 124.16
Pursuant to ITAR 124.8(5), this agreement authorizes access to defense articles and/or retransfer of technical data/defense services to individuals who are third country/dual national employees of the foreign licensees (and its approved sublicensees – if applicable). The exclusive nationalities authorized are list all foreign nationalities of the employees who are not eligible for application of ITAR 124.16. Prior to any access or retransfer, the employee must execute a Non-Disclosure Agreement (NDA) referencing this DTC case number. The applicant must maintain copies of the executed NDAs for five years from the expiration of the agreement.

If Requesting Third Country/Dual Nationals Who Do Qualify for ITAR 124.16
Pursuant to ITAR 124.16, this agreement authorizes access to unclassified defense articles and/or retransfer of technical data/defense services to individuals who are third country/dual national employees of the foreign licensees (and its approved sublicensees – if applicable). The exclusive nationalities authorized are limited to NATO, European Union, Australia, Japan, New Zealand, and Switzerland. All access and/or retransfers must take place completely within the physical territories of these countries or the United States.