Guidelines for Preparing Agreements
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U.S. Department of State
Directorate of Defense Trade Controls
GUIDELINES FOR
PREPARING AGREEMENTS
(Revision 5.2)
Technical Assistance Agreements
Manufacturing License Agreements
And
Warehouse and Distribution Agreements
These Guidelines were prepared by the U.S. Department of State’s Bureau of Political-Military
Affairs, Directorate of Defense Trade Controls (DDTC), Office of Defense Trade Controls
Licensing (DTCL). They are intended to serve as an aid in applying the International Traffic in
Arms Regulations (ITAR*), to provide clarity on DTCL policy as it pertains to agreements, and to
establish a standard basis for submissions of agreements and related correspondence. Should
changes to the regulations take place, such regulatory changes take precedence.
We welcome the use of this document in training programs but request there be no charge for the
material. In instances where material is extracted, reference should be made to this publication as
the source. If you have specific questions on any matter related to this guidance, contact the Office
of Defense Trade Controls Licensing for further assistance. Comments or suggestions regarding
this publication should be directed to this office, ATTN: Guidelines for Agreements.
* References throughout the guidelines to sections of the ITAR are denoted with either the symbol
§, or with the nomenclature “22 CFR.”
//Original Signed//
Catherine Hamilton
Director of Licensing
Directorate of Defense Trade Controls
As of: May 26, 2026
lication should be directed to this office, ATTN: Guidelines for Agreements.
* References throughout the guidelines to sections of the ITAR are denoted with either the symbol
§, or with the nomenclature “22 CFR.”
//Original Signed//
Catherine Hamilton
Director of Licensing
Directorate of Defense Trade Controls
As of: May 26, 2026
Guidelines for Preparing Agreements (Revision 5.2)
1
Revision Summary for 5.2
Revision 5.2 is an administrative revision which conforms the Agreement Guidelines with the new
§ 126.7 Exemption for defense trade and cooperation among Australia, the United Kingdom, and
the United States, implemented by 89 FR 67270, Aug. 20, 2024 (the “Australia/UK exemption
rule”), effective on September 1, 2024. It also contains conforming revisions inadvertently omitted
in Revision 5.1, deletes the portions of Sections 8 and 15 that have moved to stand-alone web
guidance, and updates Section 10.3 to conform with current DDTC practice.
This revision makes the following changes:
-
All ITAR § 124.8(a)(5) references in the document have been revised to include reference
to new ITAR § 126.7 to clarify that the exemption may be used to retransfer and reexport
defense articles pursuant to this exemption that were originally exported via an agreement*
-
Modifies Sections 8 (Congressional Notification) and 15 (Exporting Hardware in
Furtherance of Agreements) to remove guidance that has been moved to stand-alone web
documentation
o Congressional Notification Guidance. General guidance on the Congressional
Notification process formerly found in Version 5.1, Section 8, is now available
here:
Home → Conduct Business → Congressional Notifications
o “In Furtherance Of” licenses
l Notification) and 15 (Exporting Hardware in
Furtherance of Agreements) to remove guidance that has been moved to stand-alone web
documentation
o Congressional Notification Guidance. General guidance on the Congressional
Notification process formerly found in Version 5.1, Section 8, is now available
here:
Home → Conduct Business → Congressional Notifications
o “In Furtherance Of” licenses. Guidance on the submission of IFO licenses is now
available here:
Home → Conduct Business → Licenses, Agreements, and Other Authorizations →
License Guidance → License Applications in Furtherance of (IFO) an Agreement
-
Modifies Section 10.3 (Requests for DDTC Vetting of § 126.1 Nationals) to conform with
current DDTC practice of requiring names for all § 126.1 dual and third country nationals
(DN/TCN) when DDTC vetting is requested
-
Clarifies that the requirement to identify end-use platforms includes end-use systems and
variants
-
Clarifies that end-use platforms and end-use systems, including variants, must be included
in the description in block 20 of the DSP-5 vehicle
-
Reconciles the “Contract Employee” clause in Section 11.3 (Agreement Language for
Non-Regular Contract Employees) with the clause in Section 2.2 ((TAA/MLA Template).
-
Reconciles the “Expedited Execution” clause in Section 2.2 (TAA/MLA Template) with
the clause in Section 13.1 (Expedited Execution)
-
Corrects minor typographical errors found in Revision 5.1 (Uploading Submission
Documents
*Agreements must conform to the ITAR §124.8(a)(5) statement’s current language at the next
amendment, whether major or minor. Note that parties to an agreement MAY NOT use the ITAR
§126.7 exemption to reexport or retransfer defense articles originally exported via an agreement
unless the agreement has been updated. Refer to the applicable FAQ.
sion 5.1 (Uploading Submission
Documents
*Agreements must conform to the ITAR §124.8(a)(5) statement’s current language at the next
amendment, whether major or minor. Note that parties to an agreement MAY NOT use the ITAR
§126.7 exemption to reexport or retransfer defense articles originally exported via an agreement
unless the agreement has been updated. Refer to the applicable FAQ.
Guidelines for Preparing Agreements (Revision 5.2)
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Table of Contents
Introduction ................................................................................................................ 5
Part 1 Preparing an Agreement Submission .............................................................. 8
1 – Transmittal Letter .................................................................................................................. 9
1.1 – Instructions for TAA/MLA Transmittal Letters ............................................................. 9
1.2 – Template for TAA/MLA Transmittal Letters ............................................................... 13
1.3 – Instructions for WDA Transmittal Letters .................................................................... 18
1.4 – Template for WDA Transmittal Letters ....................................................................... 20
2 - Proposed Agreement ............................................................................................................ 23
2.1 - Instructions for TAAs and MLAs ................................................................................. 23
2.2 - TAA/MLA Template ..................................................................................................... 26
2.3 – Instructions for WDAs.................................................................................................. 32
2.4 – WDA Template............................................................................................................
.......... 23
2.2 - TAA/MLA Template ..................................................................................................... 26
2.3 – Instructions for WDAs.................................................................................................. 32
2.4 – WDA Template............................................................................................................. 34
3 – DSP-5 “Vehicle” ................................................................................................................. 38
3.1 – General DSP-5 Vehicle Guidance ................................................................................ 38
3.2 – Instructions for Completing the DSP-5 Vehicle ........................................................... 39
4 – Amendments to an Agreement ............................................................................................ 45
4.1 – Transmittal Letter ......................................................................................................... 45
4.2 – Proposed Agreement .................................................................................................... 51
4.3 – Minor Amendments ...................................................................................................... 52
5 – Uploading Documents to DECCS ....................................................................................... 53
5.1 – Uploading Submission Documents .............................................................................. 53
5.2 – Uploading Post-Approval Documents .......................................................................... 54
Part 2 Additional Guidance ...................................................................................... 57
6 – Agreement Duration and Expiration Date ........................................................................... 58
7 – Establishing Value ..............................................................................................................
..................... 54
Part 2 Additional Guidance ...................................................................................... 57
6 – Agreement Duration and Expiration Date ........................................................................... 58
7 – Establishing Value ............................................................................................................... 59
7.1 – Components of Value ................................................................................................... 59
7.2 – The Valuation Table ..................................................................................................... 61
7.3 – Agreements with MDE ................................................................................................. 63
7.4 – Agreements Utilizing Hardware Exemptions ............................................................... 64
Guidelines for Preparing Agreements (Revision 5.2)
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7.5 – Decrementing Value ..................................................................................................... 65
8 – Congressional Notification .................................................................................................. 66
8.1 - Renotification Thresholds ............................................................................................. 66
9 – Sub-licensing ....................................................................................................................... 68
9.1 – General Guidance on Sub-licensing ............................................................................. 68
9.2 – Requests for Foreign Sub-licensing .............................................................................. 69
10 – Dual and Third Country Nationals .................................................................................... 70
10.1 – General Guidance on Dual and Third Country Nationals .........................................
........................................... 68
9.2 – Requests for Foreign Sub-licensing .............................................................................. 69
10 – Dual and Third Country Nationals .................................................................................... 70
10.1 – General Guidance on Dual and Third Country Nationals .......................................... 70
10.2 – Requests for DDTC Vetting of Non-§ 126.1 Nationalities ........................................ 71
10.3 – Requests for DDTC Vetting of § 126.1 Nationals ...................................................... 72
10.4 – Exemptions for Authorizing Dual and Third Country Nationals ............................... 74
11 – Contract Employees .......................................................................................................... 76
11.1 - U.S. Company Non-Regular Contract Employees ...................................................... 76
11.2 – Foreign Company Non-Regular Contract Employees ................................................ 78
11.3 – Agreement Language for Non-Regular Contract Employees ..................................... 79
12 – Foreign End-Users ............................................................................................................. 80
12.1 – General Guidance on Foreign End-Users ................................................................... 80
12.2 – Documenting Non-Signatory Foreign End-Users ...................................................... 80
13 – Execution of an Agreement ............................................................................................... 81
13.1 – Expedited Execution ................................................................................................... 81
14 – Proviso Reconsideration ...................................................................................................
..... 80
13 – Execution of an Agreement ............................................................................................... 81
13.1 – Expedited Execution ................................................................................................... 81
14 – Proviso Reconsideration .................................................................................................... 83
14.1 – General Guidance on Proviso Reconsiderations ........................................................ 83
14.2 – Elements of a Proviso Reconsideration Request ........................................................ 84
14.3 – Template Request for Proviso Reconsideration ......................................................... 85
15 – Exporting Hardware in Furtherance of Agreements ......................................................... 86
15.1 – Hardware via Separate IFO Licenses ......................................................................... 86
15.2 – Decrementing Hardware Value Authorized in Agreements ....................................... 87
16 – Incremental Signing .......................................................................................................... 88
16.1 – Arbitration-Related Agreements ................................................................................. 88
16.2 – Space Insurance Agreements ...................................................................................... 91
17 – Support to Foreign Deployed Forces ................................................................................ 93
...................... 88
16.1 – Arbitration-Related Agreements ................................................................................. 88
16.2 – Space Insurance Agreements ...................................................................................... 91
17 – Support to Foreign Deployed Forces ................................................................................ 93
Guidelines for Preparing Agreements (Revision 5.2)
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18 – Non-Signatory Space Launch Service Providers .............................................................. 94
18.1 – General Guidance on Non-Signatory Space Launch Service Providers ..................... 94
Part 3 Exceptional Cases and Exemptions ............................................................... 96
19 – Limited Defense Services .................................................................................................. 97
20 – Agreements Utilizing the § 123.16(b)(1) Exemption ........................................................ 98
Acronyms ................................................................................................................. 99
Guidelines for Preparing Agreements (Revision 5.2)
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Introduction
What is an Agreement?
An agreement approved by DTCL is the primary mechanism for authorizing a U.S. person to
furnish defense services and/or disclose technical data to a foreign person, manufacture defense
articles abroad, or establish a distribution point abroad for defense articles of U.S. origin for
subsequent distribution to foreign persons. The scope of an agreement may encompass a range of
licensable activities to include exports, reexports, retransfers and temporary imports but the
furnishing of a defense service, transfer of manufacturing know-how or production rights, or the
establishment of a distribution point abroad is what distinguishes an agreement from other forms
of authorization issued by DTCL
tion to foreign persons. The scope of an agreement may encompass a range of
licensable activities to include exports, reexports, retransfers and temporary imports but the
furnishing of a defense service, transfer of manufacturing know-how or production rights, or the
establishment of a distribution point abroad is what distinguishes an agreement from other forms
of authorization issued by DTCL.
Types of Agreements
There are three types of agreements: Technical Assistance Agreements, Manufacturing License
Agreements, and Warehouse and Distribution Agreements. See ITAR §§ 120.57(d)-(f) for the
definition of each.
Elements of an Agreement Submission Package
Transmittal Letter - The Transmittal Letter serves as an explanatory letter providing an executive
summary of the proposed agreement. The letter provides specific export and technical information
as required by the ITAR and outlined in these guidelines and is for U.S. Government use only.
Agreement – The agreement is the part of the submission package that will be signed by the
applicant, all U.S. signatories, and all foreign signatories, and serves as the mechanism for
detailing the scope of the effort and the roles and responsibilities of each participant with regards
to the USML defense articles, including technical data, and defense services. It is the only part of
the submission package that the foreign signatories must see, since it requires their approval and
signature.
Addendums, Attachments, and Appendices – These may include Statements of Work,
Descriptions of Technical Data and Hardware for Export, Sub-licensee lists, or other items
referenced in the proposed agreement. These items are considered an integral part of the agreement
and should be integrated with the proposed agreement into a single document when possible
ires their approval and
signature.
Addendums, Attachments, and Appendices – These may include Statements of Work,
Descriptions of Technical Data and Hardware for Export, Sub-licensee lists, or other items
referenced in the proposed agreement. These items are considered an integral part of the agreement
and should be integrated with the proposed agreement into a single document when possible.
DSP-5 “Vehicle” – The electronic form utilized for submitting, reviewing, and approving
agreement proposals.1
Supporting Documentation – These may include Positive Part 130 Statements, Congressional
Notification documentation, Software Source Code requests, information relevant to technology
1 For the purposes of clarification, the term “DSP-5 vehicle” will be used when referring to the electronic form used
to transmit the Agreement via the DECCS system. Conversely, any reference to “DSP-5” alone shall refer to the
means by which an applicant may apply for a license for a permanent export, per ITAR § 123.
Guidelines for Preparing Agreements (Revision 5.2)
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export issues, precedent cases, or product brochures. This is generally material not directly
referenced in the agreement but may help support the review process. This type of information
should be minimized to include only information absolutely critical to the support of the request.
Agreement Numbering and Tracking
For tracking purposes, agreements will be issued two independent sets of identification numbers.
A nine-digit number with the “05” prefix will be generated automatically by the Defense Export
Control and Compliance System (DECCS). This is the number of record for the proposed
agreement or amendment and is the number referenced throughout the adjudication process. If the
applicant has a query in reference to a submitted proposal, they must reference this number.
A second number will also be assigned upon receipt
e “05” prefix will be generated automatically by the Defense Export
Control and Compliance System (DECCS). This is the number of record for the proposed
agreement or amendment and is the number referenced throughout the adjudication process. If the
applicant has a query in reference to a submitted proposal, they must reference this number.
A second number will also be assigned upon receipt. This number serves as the agreement number
(e.g., TA-9876-13) and provides a common reference for all activities that occur under the
approved agreement throughout its duration. This number will be included with the nine-digit
number upon final action.
General Guidance
a. It is recommended that the agreement be reviewed by the foreign licensees and other U.S.
Signatories prior to submission to DTCL so that the parties can resolve problems with the
language or details of the transaction.
b. In the DTCL approval, the applicant may be directed to make changes to the agreement via
provisos. These changes must be made prior to executing the agreement. Therefore, it is
recommended that the parties sign the agreement only after DTCL approval has been received.
c. Do not reference non-U.S. laws and regulations in the agreement. DTCL Agreements are U.S.
export authorizations and agreements shall not be used to enforce the laws or regulations of
any other country. DTCL recommends that the applicant use the business contract or other
documents between the parties if another country’s laws/regulations must be referenced for a
transaction.
d. Do not include contractual business clauses in the agreement or embed an agreement into a
business contract. The agreement is a U.S. export authorization and is not the appropriate
vehicle for contractual business clauses.
e. Approvals are limited to the specific commodities, systems, platforms, and variants that are
specifically identified in the agreement. Citing a “family of systems” or “X-series” is
insufficient
business clauses in the agreement or embed an agreement into a
business contract. The agreement is a U.S. export authorization and is not the appropriate
vehicle for contractual business clauses.
e. Approvals are limited to the specific commodities, systems, platforms, and variants that are
specifically identified in the agreement. Citing a “family of systems” or “X-series” is
insufficient. Furthermore, avoid using open-ended language in the agreement (e.g., “including
but not limited to”) as this may not provide adequate authorization for commodities, systems,
platforms, and variants that were not specifically identified in the agreement. Components and
Guidelines for Preparing Agreements (Revision 5.2)
7
parts do not need to be identified down to each individual component. A representative list is
sufficient.2
f. Do not use organizational collective terms (e.g., NATO, EU, AU, ESA) without defining
territories for the transfer of defense articles or the furnishing of defense services. Any
proposed agreement submitted to DTCL should specifically list the countries of the collective
organization since membership in such collective organizations is subject to change. Once all
countries are identified, the applicant may use the collective term rather than re-addressing
each of the collective members. In the body of the agreement, it is recommended that the
collective term be defined in one of the “Whereas” clauses. Additionally, one entry should be
included on the DSP-5 vehicle for each applicable country code for the collective organization.
Full address information (street/city information) only needs to be listed for the address in the
primary country of the organization.
g. All transfers must occur within approved territories. Agreements may include countries other
than the countries of signatories, sub-licensees and end-use, but those countries must be
identified in the agreement
ountry code for the collective organization.
Full address information (street/city information) only needs to be listed for the address in the
primary country of the organization.
g. All transfers must occur within approved territories. Agreements may include countries other
than the countries of signatories, sub-licensees and end-use, but those countries must be
identified in the agreement. Examples include technical discussions taking place in a country
outside the territory of the signatories, or the foreign licensees supporting armed forces while
on deployment.
h. Freight forwarders should not be identified in agreement submissions. Freight forwarders
should only be identified in licenses in furtherance of (IFO) an agreement. When utilizing the
123.16(b) exemption, see Section 20.
2 DTCL notes that under certain circumstances, the identification of end-use platforms may not be possible.
Submissions will be adjudicated on a case-by-case basis.
Guidelines for Preparing Agreements (Revision 5.2)
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Part 1
Preparing an Agreement
Submission
Guidelines for Preparing Agreements (Revision 5.2)
9
1 – Transmittal Letter
A Transmittal Letter has the following elements:
(1) Preamble
(2) Transaction Summary
(3) Required information per § 124.12(a) or § 124.14(e)
(4) Verbatim statements as required per § 124.12(b) and § 124.14(f).
(5) Supplementary information
1.1 – Instructions for TAA/MLA Transmittal Letters
a. Preamble – The preamble to the transmittal letter provides the reviewing officer with a concise
description of what the package includes and the purpose (to include commodity) of the
request.
b. Transaction Summary – The transaction summary should provide a brief description of the
proposed agreement
5) Supplementary information
1.1 – Instructions for TAA/MLA Transmittal Letters
a. Preamble – The preamble to the transmittal letter provides the reviewing officer with a concise
description of what the package includes and the purpose (to include commodity) of the
request.
b. Transaction Summary – The transaction summary should provide a brief description of the
proposed agreement. If possible, keep this section to no longer than one page and include:
-
A general scope of effort to include defense articles and defense services that will be
provided
-
Description of the roles of each party
-
Names and description of the end-users and end-use systems and platforms, to include
variants thereof
-
A short review of the commodity or program as necessary
-
Information on the type of technology or data that will be transferred. Attachments can be
included that contain more detailed information, but a short description is still required
c. References – List previous relevant agreements (to include DSP-5 vehicle numbers), licenses,
general correspondence submissions, and FMS cases if applicable.
1.1.1. § 124.12(a) Requirements
The applicant must comply with ITAR § 124.12(a), “Required Information in Letters of
Transmittal.” All information required pursuant to this section must be provided. If any provision
of this section is not applicable, indicate this in the transmittal letter. The requirements of ITAR §
124.12(a) are reproduced in the template in Section 1.2. Specific guidance on certain ITAR §
124.12(a) requirements follows:
a. § 124.12(a)(2). Provide a statement identifying the licensee(s) and the scope of the agreement.
This section should include:
Guidelines for Preparing Agreements (Revision 5.2)
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ble, indicate this in the transmittal letter. The requirements of ITAR §
124.12(a) are reproduced in the template in Section 1.2. Specific guidance on certain ITAR §
124.12(a) requirements follows:
a. § 124.12(a)(2). Provide a statement identifying the licensee(s) and the scope of the agreement.
This section should include:
Guidelines for Preparing Agreements (Revision 5.2)
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(1) Identifying Licensee(s):
(A) The name and physical addresses (P.O. Box is not sufficient) of all U.S. and foreign
signatories to the agreement. Only one physical location is required for governmental
entities. For private companies, the primary business location where activity will occur
under the agreement should be identified. If the private company has other business
locations in the same country that will be involved, either list all of those locations or
add the phrase "(and all locations in [identify the country])." If the same legal entity
has business locations in different countries that will participate in the agreement, at
least one physical address per legal entity per country must be provided in order to
authorize transfers to those locations.
(2) Scope of the Agreement:
(A) A brief description of the commodity or program, and tasks to be performed, to include
the end-user, end-use, and end-use systems and platforms (to include variants thereof).
(i) For MLAs, the applicant must clearly differentiate between defense articles to be
exported and defense articles to be manufactured abroad.
authorize transfers to those locations.
(2) Scope of the Agreement:
(A) A brief description of the commodity or program, and tasks to be performed, to include
the end-user, end-use, and end-use systems and platforms (to include variants thereof).
(i) For MLAs, the applicant must clearly differentiate between defense articles to be
exported and defense articles to be manufactured abroad.
(ii) For MLAs, the applicant should provide the quantity of each defense article to be
manufactured abroad.
(B) The expiration date of the agreement. For guidance on determining the expiration date,
see Section 6.
b. § 124.12(a)(6). The applicant must provide a breakdown of the actual or estimated value of
the agreement. See Section 7 for guidance on completing the valuation table. Do not include
the value of paragraph (x)3 commodities, software, or technology. The hardware value of the
agreement must only include USML hardware, and the technical data value must only include
USML technical data. The hardware manufactured abroad value for an MLA must only
include the value of USML hardware manufactured abroad.
Note: If the value of the agreement is $500,000 or more, an additional statement must be made
regarding the payment of political contributions, fees or commissions, pursuant to Part 130 of the
ITAR. This statement should be made in Block 22 of the DSP-5 vehicle. For additional guidance
on Part 130 statements, see the DDTC website.
1.1.2. Statements Required by § 124.12(b)
The statements in § 124.12(b) must be included verbatim as they appear in the ITAR.
1.1.3. Supplemental Information
a. Hardware Licenses. If the agreement involves the export or temporary import of hardware,
include the following statement:
3 Paragraph (x) is found in most USML categories and allows, in certain circumstances, exporters to obtain an
authorization from DTCL for the export of commodities, software, and technology controlled on the CCL.
appear in the ITAR.
1.1.3. Supplemental Information
a. Hardware Licenses. If the agreement involves the export or temporary import of hardware,
include the following statement:
3 Paragraph (x) is found in most USML categories and allows, in certain circumstances, exporters to obtain an
authorization from DTCL for the export of commodities, software, and technology controlled on the CCL.
Guidelines for Preparing Agreements (Revision 5.2)
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“Defense articles (hardware) intended for export in furtherance of this agreement will be
shipped via separate license (e.g., DSP-5, DSP-73, DSP-61, DSP-85).”
b. USML Categories. Identify all USML categories that relate to the agreement to the lowest
USML subcategory (e.g., XII(d)(2)(i) instead of XII(d) or XII(d)(2). If the agreement proposes
only the export of technical data and/or the furnishing of defense services, specify the USML
hardware categories and subcategories that are related to the technical data and defense
services.
c. SME. Specify whether technical data and hardware are/are not designated as Significant
Military Equipment (SME).
d. Gas Turbine Engine Technology. If the agreement is related to USML Category XIX, answer
the following Gas Turbine Engine Technology Questions. Applicants are cautioned not to alter
the wording of the questions or apply other company definitions such as “advanced
technology.”
(1) Will defense services or technical data related to gas turbine engine design methodology,
including any data used to establish the physical characteristics of an engine, assembly,
subassembly or part be exported? If yes, explain in detail.
Questions. Applicants are cautioned not to alter
the wording of the questions or apply other company definitions such as “advanced
technology.”
(1) Will defense services or technical data related to gas turbine engine design methodology,
including any data used to establish the physical characteristics of an engine, assembly,
subassembly or part be exported? If yes, explain in detail.
(2) Will defense services, hardware or technical data related to the Hot Section of the engine
(i.e. combustion chambers/liners; high pressure turbine blades, vanes, disks and related
cooled structure; cooled low pressure turbine blades, vanes, disks and related cooled
structure; cooled augmentor concepts; or cooled nozzle concepts) be exported? If yes,
explain in detail.
(3) Will defense services or technical data related to gas turbine engine electronics controls
(e.g., Full Authority Digital Engine Controls (FADECs), Digital Electronic Engine
Controls (DEECs)) be exported? If yes, explain in detail.
(4) Will engine deck models be exported? If yes, explain in detail.
(5) Will defense services or technical data related to engine survivability, vulnerability,
EMI/EMV/EME, Low Observable technology, signature characteristics, performance
limitations or deficiencies be exported? If yes, explain in detail.
e. LO/CLO and CPI Statement. All agreement transmittal letters should address whether the
contemplated exports include Low Observable/Counter-Low Observable (LO/CLO)
technology and/or Critical Program Information (CPI) (see DoD Manual S-5230.28).
(1) If the answer is no, include the following statement:
“The export contemplated herein does NOT involve the discussion, offer, or release of
systems, techniques, technologies, or capabilities described in DoD Manual S-5230.28
nor the discussion, offer, or release of Critical Program Information.”
Guidelines for Preparing Agreements (Revision 5.2)
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DoD Manual S-5230.28).
(1) If the answer is no, include the following statement:
“The export contemplated herein does NOT involve the discussion, offer, or release of
systems, techniques, technologies, or capabilities described in DoD Manual S-5230.28
nor the discussion, offer, or release of Critical Program Information.”
Guidelines for Preparing Agreements (Revision 5.2)
12
(2) If the answer is yes, provide a positive statement and answer the following questions.
(A) When was the sponsoring service notified of this specific license request?
(B) Did the sponsoring service recommend a LO/CLO or AT Executive Agent review? If
not, attach a copy of the response.
(C) Has this specific license request been briefed to the LO/CLO Tri-Service Committee
(TSC), LO/CLO EXCOM or AT Executive Agent? If so, provide date(s). Also, provide
contact info for a knowledgeable DoD point of contact (POC).
(D) Has the LO/CLO TSC, LO/CLO EXCOM or AT Executive Agent provided formal
feedback regarding the contemplated export? If so, provide date(s). Also, provide
contact info for a knowledgeable DoD POC.
Note: Applicants are cautioned to answer the questions as written and only provide “yes” or “no”
answers, POC, and date so that the answers remain UNCLASSIFIED.
f. Congressional Notification. Provide a statement whether the proposed agreement requires
Congressional Notification. For guidance on Congressional Notification, see Section 8.
g. Law/Consulting Firms. If utilizing a law firm or consulting firm, provide a statement that the
firm is authorized to interact with the U.S. Government on the applicant’s behalf, and define
what activities they are authorized to conduct (i.e., submit information, serve as a point of
contact) and provide the firm’s point of contact information.
h. Signature. The transmittal letter must be signed, preferably by an empowered official
w firm or consulting firm, provide a statement that the
firm is authorized to interact with the U.S. Government on the applicant’s behalf, and define
what activities they are authorized to conduct (i.e., submit information, serve as a point of
contact) and provide the firm’s point of contact information.
h. Signature. The transmittal letter must be signed, preferably by an empowered official.
Additionally, an empowered official must sign transmittal letters when allowing law firms or
consulting firms to interact with the U.S. Government on behalf of the applicant. Transmittal
letters may be signed using digital signatures.
Guidelines for Preparing Agreements (Revision 5.2)
13
1.2 – Template for TAA/MLA Transmittal Letters
ABC Company
1234 South Rd.
Anywhere, VA 98765
May 7, 20xx
Director
Office of Defense Trade Controls Licensing
2401 E Street N.W., Suite 1200 (SA-1)
Washington, D.C. 20522-0112
Subject: Proposed Technical Assistance Agreement (or Manufacturing License Agreement) for
the support (or manufacture) of the How to Write Agreements Processor
References: TA 1234-00; TA-6543-09 (050xxxxxx)
Dear Director:
Submitted herewith is a submission package which includes this letter and the proposed Technical
Assistance Agreement for the transfer of certain technical information, hardware (if applicable)
and services necessary for the integration, troubleshooting, and maintenance of the How to Write
Agreements Processor.
TRANSACTION SUMMARY
Provide a brief description on the purpose of the agreement and how it will be executed by the
parties to include scope, role of parties to include the end-users, review of defense articles and
services to be transferred, and any known precedent export pertaining to the agreement.
REQUIRED INFORMATION
In accordance with § 124.12, the following information is provided:
(a)(1) The DDTC applicant code is M-0000.
on the purpose of the agreement and how it will be executed by the
parties to include scope, role of parties to include the end-users, review of defense articles and
services to be transferred, and any known precedent export pertaining to the agreement.
REQUIRED INFORMATION
In accordance with § 124.12, the following information is provided:
(a)(1) The DDTC applicant code is M-0000.
(a)(2) The parties to this agreement are as follows:
The foreign licensee(s)
XXX Technologies
Full Address (no P.O. Box)
Country
Guidelines for Preparing Agreements (Revision 5.2)
14
AAAA Systems Incorporated
Full Address (no P.O. Box)
Country
U.S. Signatories
ABC Company
1234 South Rd.
Anywhere, VA 98765
U.S. Agreement Writers Guild
Full Address (no P.O. Box)
The scope of this agreement entails (Applicant) furnishing defense services <or> providing
manufacturing know-how if an MLA <or> disclosing technical data <or> providing defense
articles (applicant should provide a one-line description) to the licensee(s) for the (briefly identify
task to be performed) of (commodity or program) for end-use by (identify end-use and end-user).
This agreement is valid until March 31, 20XX. (Choose appropriate month per Section 6)
(a)(3) Identify relevant U.S. Government contracts under which equipment or technical data was
generated, improved or developed and supplied to the U.S. Government (to include any
relationship to any Foreign Military Sales (FMS) case), and whether the equipment or technical
data was derived from any bid or other proposal to the U.S. Government. If none, so state and
identify cognizant U.S. military service.
relevant U.S. Government contracts under which equipment or technical data was
generated, improved or developed and supplied to the U.S. Government (to include any
relationship to any Foreign Military Sales (FMS) case), and whether the equipment or technical
data was derived from any bid or other proposal to the U.S. Government. If none, so state and
identify cognizant U.S. military service.
(a)(4) The highest U.S. military security classification of the equipment or technical data to be
transferred under the terms of this agreement is (Unclassified, Confidential, Secret or Top Secret).
(If foreign classified equipment or technical data is to be transferred, state as such, and identify
whether or not the U.S. parties will generate or modify the foreign classified information).
(a)(5) State whether any patent requests which disclose any of the subject matter of the equipment
or related technical data covered by an invention secrecy order issued by the U.S. Patent and
Trademark Office are on file concerning this agreement. If so, list the patents herein.
(a)(6) The estimated value of this agreement is as follows:
Guidelines for Preparing Agreements (Revision 5.2)
15
Line
Number
Item
Value
1
Technical Data and Defense Services
$1,000,000
2
3
4
5
6
Hardware
Permanent Export by DSP-5 or DSP-85 (Tooling/Support
Equipment)
Permanent Export by DSP-5 or DSP-85 (Kits and Components
incorporated into manufactured items) (MLA only)
Temporary Export by DSP-73 or DSP-85
Temporary Import by DSP-61 or DSP-85
Total Licensed Hardware (Sum of lines 2, 3, 4 & 5)
$21,000,000
N/A
$3,000,000
$4,000,000
$28,000,000
7
Hardware Value for Congressional Notification (line 2)
$21,000,000
8
Hardware Manufactured Abroad (Line 3 plus work done by
foreign licensees as result of the MLA) (MLA only)
N/A
9
AGREEMENT TOTAL VALUE (Sum of lines 1, 6 & 8)
$29,000,000
10
Congressional Notification Value (Sum of lines 1, 7 & 8)
$22,000,000
$21,000,000
N/A
$3,000,000
$4,000,000
$28,000,000
7
Hardware Value for Congressional Notification (line 2)
$21,000,000
8
Hardware Manufactured Abroad (Line 3 plus work done by
foreign licensees as result of the MLA) (MLA only)
N/A
9
AGREEMENT TOTAL VALUE (Sum of lines 1, 6 & 8)
$29,000,000
10
Congressional Notification Value (Sum of lines 1, 7 & 8)
$22,000,000
(a)(7) Applicant must provide a statement indicating whether any foreign military sales credits or
loan guarantees are or will be involved in financing the agreement.
(a)(8) The agreement must describe any classified information involved (U.S. or foreign) and
identify, from DoD form DD 254, the physical address and telephone number of the U.S.
Government office that classified the information and the classification source (i.e., document). If
no classified information is involved, so state, but do not omit.
(a)(9) For agreements that may require the export of classified information, the Defense
Counterintelligence and Security Agency4 cognizant security offices that have responsibility for
the facilities of the U.S. parties to the agreement shall be identified. The facility security clearance
codes of the U.S. parties shall also be provided. If no classified information is involved, so state,
but do not omit.
REQUIRED STATEMENTS
(b)(1) If the agreement is approved by the Department of State, such approval will not be construed
by (the applicant) as passing on the legality of the agreement from the standpoint of antitrust laws
or other applicable statutes, nor will (the applicant) construe the Department’s approval as
4 The Defense Security Service (DSS) was renamed the Defense Counterintelligence and Security Agency (DCSA)
effective June 20, 2019. The Department is in the process of remedying the outdated reference.
NOTE: See Section 7 for detailed guidance on preparing the valuation table.
NOTE: The following statements must be included verbatim from ITAR § 124.12(b).
rue the Department’s approval as
4 The Defense Security Service (DSS) was renamed the Defense Counterintelligence and Security Agency (DCSA)
effective June 20, 2019. The Department is in the process of remedying the outdated reference.
NOTE: See Section 7 for detailed guidance on preparing the valuation table.
NOTE: The following statements must be included verbatim from ITAR § 124.12(b).
Guidelines for Preparing Agreements (Revision 5.2)
16
constituting either approval or disapproval of any of the business terms or conditions between the
parties to the agreement.
(b)(2) The (applicant) will not permit the proposed agreement to enter into force until it has been
approved by the Department of State.
(b)(3) The (applicant) will furnish the Department of State with one copy of the signed agreement
(or amendment) within 30 days from the date that the agreement is concluded and will inform the
Department of its termination not less than 30 days prior to the expiration and provide information
on the continuation of any foreign rights or the flow of technical data to the foreign party. If a
decision is made not to conclude the proposed agreement, the applicant will so inform the
Department within 60 days.
(b)(4) If this agreement grants any rights to sub-license, it will be amended to require that all sub-
licensing arrangements incorporate all the provisions of the base agreement that refer to the U.S.
Government and the Department of State (i.e., 22 CFR 124.8 and 124.9).
SUPPLEMENTAL INFORMATION:
Defense articles intended for export in furtherance of this agreement will be shipped via separate
license (e.g., DSP-5. DSP-73, etc.). <or> No defense articles (hardware) will be shipped in
furtherance of this agreement. Only technical data and/or other defense services will be provided.
This agreement relates to the following U.S. Munitions List category(ies): (e.g., XII(c)(2)(i)*,
XII(d)(1)(i), XII(d)(1)(ii), and XII(f)
ort in furtherance of this agreement will be shipped via separate
license (e.g., DSP-5. DSP-73, etc.). <or> No defense articles (hardware) will be shipped in
furtherance of this agreement. Only technical data and/or other defense services will be provided.
This agreement relates to the following U.S. Munitions List category(ies): (e.g., XII(c)(2)(i)*,
XII(d)(1)(i), XII(d)(1)(ii), and XII(f). Category XII(c) is designated as SME.)
<OR>
If the agreement proposes only the export of technical data and/or the furnishing of defense
services:
This agreement relates to the following U.S. Munitions List category(ies): [e.g., XII(f) as it relates
to XII(c)(2)(i)*, XII(d)(1)(i) and XII(d)(1)(ii)].
If the agreement involves the transfer of classified technical data or technical data for the
manufacture of SME abroad, state whether a Nontransfer and Use Certificate (Form DSP-83), is/is
not attached in accordance with § 124.10.
If the agreement is related to USML Category XIX, answer the Gas Turbine Engine Technology
Questions.
The export contemplated herein does (does NOT) involve the discussion, offer, or release of
systems, techniques, technologies, or capabilities described in DoD Manual S-5230.28 or (nor) the
discussion, offer, or release of Critical Program Information.
NOTE: If the answer to the above statement is yes, answer the LO/CLO questions.
Guidelines for Preparing Agreements (Revision 5.2)
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This agreement does (does NOT) require Congressional Notification pursuant to § 123.15 and/or
§ 124.11. Note: If such notification is required, the executive summary for Congressional
Notification and signed contract should be uploaded to the DSP-5 vehicle. DTCL cannot proceed
beyond initial staffing without these documents.
If you require additional information, please contact (list license point of contact) at telephone
number (area code and number), e-mail name@company.com.
If a law firm or consulting firm is authorized to interact with the U.S
ry for Congressional
Notification and signed contract should be uploaded to the DSP-5 vehicle. DTCL cannot proceed
beyond initial staffing without these documents.
If you require additional information, please contact (list license point of contact) at telephone
number (area code and number), e-mail name@company.com.
If a law firm or consulting firm is authorized to interact with the U.S. Government on the
applicant’s behalf, state as such.
Sincerely,
Signature block
Guidelines for Preparing Agreements (Revision 5.2)
18
1.3 – Instructions for WDA Transmittal Letters
a. Preamble – The preamble to the transmittal letter provides the reviewing officer with a concise
description of what the package includes and the purpose (to include commodity) of the
request.
b. Transaction Summary – The transaction summary should provide a brief description of the
proposed agreement. If possible, keep this section to no longer than one page and include:
-
A general scope of effort to include defense articles provided
-
Description of the roles of each party
-
Names and description of the end-users and the end-use systems and platforms, to include
variants thereof
-
A short review of the commodity or program as necessary
-
Information on the defense articles that will be transferred. Attachments can be included
that contain more detailed information, but a short description is still required
c. References – List previous relevant agreements (to include DSP-5 vehicle numbers), licenses,
general correspondence submissions, and FMS cases if applicable.
1.3.1. § 124.14(e) Requirements
The applicant must comply with ITAR § 124.14(e), “Transmittal Letters.” All information required
pursuant to that section must be provided. If any provision of this section is not applicable, indicate
this in the transmittal letter. The requirements of § 124.14(e) are reproduced in the template in
Section 1.4. Specific guidance on certain § 124.14(e) requirements follows:
a
(e) Requirements
The applicant must comply with ITAR § 124.14(e), “Transmittal Letters.” All information required
pursuant to that section must be provided. If any provision of this section is not applicable, indicate
this in the transmittal letter. The requirements of § 124.14(e) are reproduced in the template in
Section 1.4. Specific guidance on certain § 124.14(e) requirements follows:
a. 124.14(e)(2). Provide a statement identifying the licensee(s) and the scope of the agreement.
This section should include:
(1) Identifying Licensee(s):
(A) The name and specific addresses (P.O. Box is not sufficient) of all U.S. and foreign
signatories to the agreement. Only one location is required for governmental entities.
For private companies, the primary business location where activity will occur under
the agreement should be identified. If the private company has other business locations
in the same country that will be involved, either list all of those locations or add the
phrase "(and all locations in [identify the country])." If the same legal entity has
business locations in different countries that will participate in the agreement, at least
one address per legal entity per country must be identified in order to authorize transfers
to those locations.
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19
(2) Scope of the Agreement:
(A) A brief description of the commodity or program, and tasks to be performed, to include
the end-user, end-use, and end-use systems and platforms (to include variants thereof).
(B) The expiration date of the agreement. For guidance on determining the expiration date,
see Section 6.
b. § 124.14(e)(5). The applicant must make the following statement: “No classified defense
articles or classified technical data is involved in this agreement.”
1.3.2. Statements Required by § 124.14(f)
The statements in § 124.14(f) must be included verbatim as they appear in the ITAR.
1.3.3. Supplemental Information
a. USML Categories
n determining the expiration date,
see Section 6.
b. § 124.14(e)(5). The applicant must make the following statement: “No classified defense
articles or classified technical data is involved in this agreement.”
1.3.2. Statements Required by § 124.14(f)
The statements in § 124.14(f) must be included verbatim as they appear in the ITAR.
1.3.3. Supplemental Information
a. USML Categories. Identify all USML categories that relate to the agreement to the lowest
USML subcategory.
b. SME. Specify whether defense articles hardware are/are not designated as Significant Military
Equipment (SME).
NOTE: Generally, it is the policy of DTCL to not approve SME under a WDA unless exceptional
circumstances exist.
c. Law/Consulting Firms. If utilizing a law firm or consulting firm, provide a statement that the
firm is authorized to interact with the U.S. Government on the applicant’s behalf, and define
what activities they are authorized to conduct (i.e., submit information, serve as a point of
contact) and provide firm point of contact information.
d. Signature. The transmittal letter must be signed, preferably by an empowered official.
Additionally, an empowered official is to sign the transmittal letter when allowing law firms
or consulting firms to interact with the U.S. Government on behalf of the applicant.
Transmittal letters may be signed using digital signatures.
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20
1.4 – Template for WDA Transmittal Letters
ABC Company
1234 South Rd.
Anywhere, VA 98765
May 7, 20XX
Director
Office of Defense Trade Controls Licensing
2401 E Street N.W., Suite 1200 (SA-1)
Washington, D.C
with the U.S. Government on behalf of the applicant.
Transmittal letters may be signed using digital signatures.
Guidelines for Preparing Agreements (Revision 5.2)
20
1.4 – Template for WDA Transmittal Letters
ABC Company
1234 South Rd.
Anywhere, VA 98765
May 7, 20XX
Director
Office of Defense Trade Controls Licensing
2401 E Street N.W., Suite 1200 (SA-1)
Washington, D.C. 20522-0112
Subject: Proposed Warehouse and Distribution Agreement for Aircraft Spare Parts and
Components
References: AG 1234-00; DSP-5 050XXXXXX
Dear Director:
Submitted herewith is a submission package which includes this letter and the proposed
Warehouse and Distribution Agreement for the warehousing and distribution of aircraft spare parts
and components to the authorized distribution territory.
TRANSACTION SUMMARY
Provide a brief description of the purpose of the agreement and how it will be executed by the
parties to include scope, role of parties to include the end-users, review of defense articles and
defense services to be transferred, and any known precedent of export pertaining to the agreement.
REQUIRED INFORMATION
In accordance with § 124.14, the following information is provided:
(e)(1) The DDTC applicant code is M-0000.
(e)(2) The parties to this agreement are as follows:
The foreign licensee(s)
XXX Technologies
Full Address (no P.O. Box)
Country
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U.S. Signatories
ABC Company
1234 South Rd.
Anywhere, VA 98765
Include a brief description of the commodity or program, and tasks to be performed, to include
end-use.
This agreement is valid until March 31, 20XX. (Choose appropriate month per Section 6)
(e)(3) The defense articles to be distributed under the agreement are (applicant should provide a
summary of the defense articles. An attachment may be used to list the defense articles but it
should be referenced in this section).
ommodity or program, and tasks to be performed, to include
end-use.
This agreement is valid until March 31, 20XX. (Choose appropriate month per Section 6)
(e)(3) The defense articles to be distributed under the agreement are (applicant should provide a
summary of the defense articles. An attachment may be used to list the defense articles but it
should be referenced in this section).
(e)(4) Identify relevant U.S. Government contracts under which equipment was generated,
improved or developed and supplied to the U.S. Government, and whether the equipment was
derived from any bid or other proposal to the U.S. Government. If none, so state and identify
cognizant U.S. military service.
(e)(5) No classified defense articles or classified technical data is involved in this agreement.
(e)(6) State whether any patent applications which disclose any of the subject matter of the
equipment or related technical data covered by an invention secrecy order issued by the U.S. Patent
and Trademark Office are on file concerning this agreement. If so, list the patents herein.
REQUIRED STATEMENTS
(f)(1) If the agreement is approved by the Department of State, such approval will not be construed
by (applicant) as passing on the legality of the agreement from the standpoint of antitrust laws or
other applicable statutes, nor will (the applicant) construe the Department's approval as
constituting either approval or disapproval of any of the business terms or conditions between the
parties to the agreement.
(f)(2) The (applicant) will not permit the proposed agreement to enter into force until it has been
approved by the Department of State.
rom the standpoint of antitrust laws or
other applicable statutes, nor will (the applicant) construe the Department's approval as
constituting either approval or disapproval of any of the business terms or conditions between the
parties to the agreement.
(f)(2) The (applicant) will not permit the proposed agreement to enter into force until it has been
approved by the Department of State.
(f)(3) (Applicant) will furnish the Department of State with one copy of the signed agreement (or
amendment thereto) within 30 days from the date that the agreement is concluded and will inform
the Department of its termination not less than 30 days prior to the expiration. If a decision is
made not to conclude the proposed agreement, (applicant) will so inform the Department within
60 days.
NOTE: The following statements must be included verbatim from ITAR § 124.14(f).
Guidelines for Preparing Agreements (Revision 5.2)
22
SUPPLEMENTARY INFORMATION:
This agreement relates to the following U.S. Munitions List category(ies): (list applicable USML
category and subcategory from § 121). Identify whether the hardware is Significant Military
Equipment (SME). For multiple categories, state which are designated SME.
If you require additional information, please contact (list license point of contact) at telephone
number (area code and number), e-mail name@company.com.
If a law firm or consulting firm is authorized to interact with the U.S. Government on the
applicant’s behalf, state as such.
Sincerely,
Signature block
Guidelines for Preparing Agreements (Revision 5.2)
23
2 - Proposed Agreement
An Agreement has the following elements:
(1) Preamble
(2) WHEREAS Clauses
(3) NOW THEREFORE Clauses
(4) Required information per § 124.7(a) or § 124.14(b)
(5) Verbatim statements, as required, per § 124.8(a), § 124.9 and § 124.14(c).
(6) Signature page
tate as such.
Sincerely,
Signature block
Guidelines for Preparing Agreements (Revision 5.2)
23
2 - Proposed Agreement
An Agreement has the following elements:
(1) Preamble
(2) WHEREAS Clauses
(3) NOW THEREFORE Clauses
(4) Required information per § 124.7(a) or § 124.14(b)
(5) Verbatim statements, as required, per § 124.8(a), § 124.9 and § 124.14(c).
(6) Signature page
(7) Addendums, attachments, and appendices (as appropriate)
2.1 - Instructions for TAAs and MLAs
a. Preamble – The preamble to the proposed agreement should clearly identify all parties to the
agreement and include physical addresses for each party. It is recommended that the applicant
list the parties in bullet format for ease of readability and review.
(1) Only one location is required for governmental entities. For private companies, the primary
business location where activity will occur under the agreement should be identified. If
the private company has other business locations in the same country that will be involved,
either list all of those locations or add the phrase "(and all locations in [identify the
country])." If the same legal entity has business locations in different countries that will
participate in the agreement, at least one address per legal entity per country must be
identified in order to authorize transfers to those locations.
b. WHEREAS Clauses – The WHEREAS clauses should be used to describe the program itself
and identify the roles and responsibilities of each party to the agreement. They should also
provide pertinent information such as end-use systems and platforms (to include variants
thereof) and the role of non-signatory end-users.
c. NOW THEREFORE Clauses – There are three NOW THEREFORE clauses. The first clause
should provide a concise summary of the program or agreement to include a general scope of
the effort. The second and third clauses should be cited verbatim and can be found in the
template provided in Section 2.2 below.
2.1.1
platforms (to include variants
thereof) and the role of non-signatory end-users.
c. NOW THEREFORE Clauses – There are three NOW THEREFORE clauses. The first clause
should provide a concise summary of the program or agreement to include a general scope of
the effort. The second and third clauses should be cited verbatim and can be found in the
template provided in Section 2.2 below.
2.1.1. § 124.7(a) Requirements (TAAs and MLAs)
a. § 124.7(a)(1). The applicant must describe the defense article (hardware) to be manufactured
and all defense articles (hardware) to be exported or temporarily imported in furtherance of the
agreement, including paragraph (x) items, if applicable. Defense articles (hardware)
designated as SME must be described either by military nomenclature, contract number,
National Stock Number, name plate data, or other specific information. The applicant may
address defense articles (hardware) in a separate attachment to the request but must reference
the attachment under § 124.7(a)(1).
Guidelines for Preparing Agreements (Revision 5.2)
24
(1) The applicant must clearly differentiate between defense articles to be manufactured
abroad, and defense articles to be exported or temporarily imported in furtherance of the
agreement. If the agreement provides for the licensed manufacture of defense articles
abroad, the applicant must provide the quantity of each defense article to be manufactured.
The applicant must also delineate, at least in general terms, between hardware subject to
the USML and hardware subject to the CCL if the applicant wishes to submit IFO licenses
that include paragraph (x).
nce of the
agreement. If the agreement provides for the licensed manufacture of defense articles
abroad, the applicant must provide the quantity of each defense article to be manufactured.
The applicant must also delineate, at least in general terms, between hardware subject to
the USML and hardware subject to the CCL if the applicant wishes to submit IFO licenses
that include paragraph (x).
(2) If no hardware is being manufactured or exported, then state the following:
“No defense articles (hardware) will be manufactured, exported or temporarily
imported in furtherance of this agreement. Only technical data and/or defense services
will be provided.”
b. § 124.7(a)(2). The applicant must describe the assistance and technical data, to include any
design and manufacturing know-how involved, and any manufacturing rights to be given. The
applicant may address the assistance and technical data in a separate attachment to the request
but must reference the attachment under § 124.7(a)(2). The applicant need not delineate
between technical data subject to the USML and technology subject to the CCL, as long as the
agreement makes clear that CCL technology will be transferred and that it will be used in or
with the USML technical data.
c. § 124.7(a)(3). The applicant must state the expiration date of the agreement. For guidance on
determining the expiration date, see Section 6.
d. § 124.7(a)(4). The applicant must specifically identify the countries or areas in which
manufacturing, production, processing, sale or other form of transfer is to be licensed. This
section is broken down into five parts:
USML technical data.
c. § 124.7(a)(3). The applicant must state the expiration date of the agreement. For guidance on
determining the expiration date, see Section 6.
d. § 124.7(a)(4). The applicant must specifically identify the countries or areas in which
manufacturing, production, processing, sale or other form of transfer is to be licensed. This
section is broken down into five parts:
(1) Transfer Territories and End-Users. Specifically identify the physical territories where
transfers will take place. This includes:
(A) the countries of all foreign signatories and sub-licensees
(B) proposed marketing territories
(C) proposed sales territories (required for MLAs)
(D) the territory for space launch services (if applicable)
(E) any additional transfer territories.
Additionally, identify the ultimate end-user(s) and the end-use system(s) and platform(s),
to include variants thereof. See Section 12 for additional guidance on end-users.
NOTE: Only defense articles (hardware) described in the agreement or on an addendum sheet
and referenced herein will be eligible for export or temporary import by separate license (i.e.,
DSP-5, DSP-73, DSP-61, DSP-85). § 123.16(b)(1) must be specifically identified in order to
be used.
Guidelines for Preparing Agreements (Revision 5.2)
25
(2) Sub-licensing. If foreign sub-licensing is requested, include the sub-licensing statement
and identify the sub-licensees (see Section 9.1). If there are no foreign sub-licensees, state
that “Foreign sub-licensing is not authorized.”
(3) Dual and Third Country Nationals. Identify the nationalities of any DN/TCNs being
requested for DDTC vetting. If no DN/TCNs are being requested, the applicant may state
that “Dual/Third Country National Employees are not authorized.” Alternatively, the
applicant may use the optional § 126.18 exemption statement. See Section 10 for further
guidance.
ign sub-licensing is not authorized.”
(3) Dual and Third Country Nationals. Identify the nationalities of any DN/TCNs being
requested for DDTC vetting. If no DN/TCNs are being requested, the applicant may state
that “Dual/Third Country National Employees are not authorized.” Alternatively, the
applicant may use the optional § 126.18 exemption statement. See Section 10 for further
guidance.
(4) Foreign Person Employees. If any Foreign Persons employed by the U.S. applicant or
any U.S. signatories will participate in the program, identify the countries of the FPEs.
Identification by name is not required. If there are no FPEs, state that “There are no Foreign
Person Employees that will participate in this agreement.”
(5) Contract Employees. If contract labor will be used, add the Contract Employee statement
that can be found in the template provided in Section 2.2 below.
2.1.2. Statements Required by § 124.8(a) and § 124.9
The statements in § 124.8(a) must be included verbatim as they appear in the ITAR in both TAAs
and MLAs. The statements in § 124.9 must be included verbatim for MLAs only.
Guidelines for Preparing Agreements (Revision 5.2)
26
2.2 - TAA/MLA Template
This agreement is entered into between:
• (Company name), an entity incorporated in the State of (state) with offices at (company
address), and
• (Foreign company name), whose office is situated at (foreign company address)
and is effective upon the date of signature of the last party to sign the agreement.
WHEREAS, (applicant name) (Describe the program for which you are providing technical
assistance (or manufacturing for) and the type of assistance you will provide.)
WHEREAS, (foreign or other U.S. company name) (describe the company's role in the TAA (or
MLA) – have a separate paragraph for each foreign company)
NOW THEREFORE, the parties desire to enter into the Technical Assistance (or Manufacturing
Licensing) Agreement as follows:
1
which you are providing technical
assistance (or manufacturing for) and the type of assistance you will provide.)
WHEREAS, (foreign or other U.S. company name) (describe the company's role in the TAA (or
MLA) – have a separate paragraph for each foreign company)
NOW THEREFORE, the parties desire to enter into the Technical Assistance (or Manufacturing
Licensing) Agreement as follows:
1. This Technical Assistance (or Manufacturing Licensing) Agreement is intended to (Provide
concise summary of program to be done under the agreement. This summary can be drawn from
the Statement of Work. The Statement of Work can be a separate document attached to the TAA
(or MLA) and incorporated by reference within the agreement.)
2. It is understood that this Technical Assistance (or Manufacturing Licensing) Agreement is
entered into as required under U.S. government regulations and is an independent agreement
between the parties, the terms of which will prevail, notwithstanding any conflict or inconsistency
that may be contained in other arrangements between the parties on the subject matter.
3. The parties agree to comply with all applicable sections of the International Traffic in Arms
Regulations (ITAR) (22 CFR Parts 120-130) and that more particularly in accordance with such
regulations the following conditions apply to this agreement:
I. § 124.7(a)
(1) Describe the defense article (hardware) to be manufactured and all defense articles to be
exported (and/or temporarily imported) in furtherance or support of this agreement. Describe
defense articles by military nomenclature, contract number, Federal Stock Number, name plate
data, or other specific information. An attachment may be used to list hardware; reference such
attachments in this article. <or> If no hardware is being manufactured or exported or temporarily
imported, state:
“No defense articles (hardware) will be manufactured, exported or temporarily imported in
furtherance of this agreement
enclature, contract number, Federal Stock Number, name plate
data, or other specific information. An attachment may be used to list hardware; reference such
attachments in this article. <or> If no hardware is being manufactured or exported or temporarily
imported, state:
“No defense articles (hardware) will be manufactured, exported or temporarily imported in
furtherance of this agreement. Only technical data (and/or) other defense services will be
provided.”
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(2) Describe the assistance and technical data, to include any design and manufacturing know-
how involved, and any manufacturing rights to be given. The applicant may address the assistance
and technical data in a separate attachment to the request; reference the attachment under this
article.
(3) This agreement is valid through March 31, 20XX. (choose appropriate month per Section 6)
(4) Territory.
a. The transfer of technical data, defense articles, and defense services is authorized between
the United States and (list countries of foreign licensees, sub-licensees, and transfer territories)
for end-use by (list all ultimate end-users to include U.S. end-users).
Marketing is authorized to the following territories: (list marketing territories, as applicable)
Sales are authorized to the following territories: (list sales territories, as applicable –
REQUIRED FOR MLAs)
Distribution is authorized to the following territories: (list distribution territories, as
applicable)
b. Foreign sub-licensing rights are not granted to the foreign licensees. <or> Foreign sub-
licensing rights are granted to the foreign licensees (or list the specific foreign licensee). Sub-
licensees are identified in Attachment ___.
Sub-licensees are required to execute a Non-Disclosure Agreement (NDA) prior to provision
of, or access to the defense articles, technical data or defense services
eign sub-licensing rights are not granted to the foreign licensees. <or> Foreign sub-
licensing rights are granted to the foreign licensees (or list the specific foreign licensee). Sub-
licensees are identified in Attachment ___.
Sub-licensees are required to execute a Non-Disclosure Agreement (NDA) prior to provision
of, or access to the defense articles, technical data or defense services. The executed NDA,
referencing the DDTC Case number and incorporating all the provisions of the Agreement that
refer to the United States Government and the Department of State (i.e., § 124.8(a) and
§ 124.9), will be maintained on file by (the applicant) for five years from the expiration of the
agreement.
NOTE: Only defense articles (hardware) listed in the agreement or on an addendum sheet and
referenced here will be eligible for export in furtherance of the agreement.
NOTE: The statement below is optional. See Section 13.1.
NOTE: The three statements above are in addition to listing the proposed marketing/sales
parties as end-users in the “for end-use by” statement above. Attachment(s) may be used to
identify the countries in which marketing/sales/distribution may occur; reference such
attachments in this article.
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Amendments solely to add or remove sub-licensees, change the names or addresses of
existing sub-licensees, or change sub-licensee roles may be approved and take effect without
requiring signatures of all parties. The following restrictions apply to such amendments:
a. New sub-licensees and addresses must be in approved territories;
b. All new sub-licensees and sub-licensee name or address changes must be approved by
DDTC;
c. After DTCL approval, the agreement holder must sign the amendment, which
constitutes execution for the purposes of such an amendment;
d. Before transfers may be made to the new sub-licensees:
rictions apply to such amendments:
a. New sub-licensees and addresses must be in approved territories;
b. All new sub-licensees and sub-licensee name or address changes must be approved by
DDTC;
c. After DTCL approval, the agreement holder must sign the amendment, which
constitutes execution for the purposes of such an amendment;
d. Before transfers may be made to the new sub-licensees:
(1) The agreement holder must notify all other signatories of the change by providing
them with a copy of the approved, signed amendment; and
(2) Sub-licensees are required to execute a Non-Disclosure Agreement (NDA).
e. If a sub-licensee is removed, the agreement holder will provide a copy of the signed
amendment to all other signatories and all transfers to that sub-licensee must
immediately cease.
c. Dual/Third Country National Employees are not authorized <or> are authorized as follows:
(1) Transfers of defense articles, to include technical data, to dual nationals and/or third
country nationals by foreign licensees, consignees, sub-licensees, and end-users
authorized in the agreement may be conducted in accordance with § 126.18.
(2) Pursuant to § 124.8(a)(5), this agreement authorizes access to unclassified defense
articles, to include technical data, or defense services by individuals who are dual/third
country national employees of the foreign licensees (and the approved sub-licensees – if
applicable). The exclusive nationalities authorized are (list all foreign nationalities of the
employees). Prior to any access, the employee must execute a Non-Disclosure Agreement
(NDA) referencing this DDTC case number. The applicant must maintain copies of the
executed NDAs for five years from the expiration of the agreement.
d. The U.S. applicant (or U.S. Signatories) currently employs Foreign Person(s) of the
following countries who will participate in this program: (list countries here) <or> There are
no Foreign Person Employees that will participate in this agreement.
e
ncing this DDTC case number. The applicant must maintain copies of the
executed NDAs for five years from the expiration of the agreement.
d. The U.S. applicant (or U.S. Signatories) currently employs Foreign Person(s) of the
following countries who will participate in this program: (list countries here) <or> There are
no Foreign Person Employees that will participate in this agreement.
e. Contract employees to any party to the agreement hired through a staffing agency or other
contract employee provider shall be treated as employees of the party, and that party is legally
responsible for the employees’ actions with regard to transfer of ITAR controlled defense
articles to include technical data, and defense services. Transfers to the staffing agency or
other contract employee provider by any contract employees are not authorized. The party is
further responsible for certifying that each employee is individually aware of their
responsibility with regard to the proper handling of ITAR controlled defense articles, technical
data, and defense services.
NOTE: Statement (1) below is optional. See Section 10.4.1.
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II. § 124.8(a)
(1) This agreement shall not enter into force, and shall not be amended or extended, without the
prior written approval of the Department of State of the U.S. Government.
(2) This agreement is subject to all United States laws and regulations relating to exports and to
all administrative acts of the U.S. Government pursuant to such laws and regulations.
(3) The parties to this agreement agree that the obligations contained in this agreement shall not
affect the performance of any obligations created by prior contracts or subcontracts which the
parties may have individually or collectively with the U.S. Government.
d regulations relating to exports and to
all administrative acts of the U.S. Government pursuant to such laws and regulations.
(3) The parties to this agreement agree that the obligations contained in this agreement shall not
affect the performance of any obligations created by prior contracts or subcontracts which the
parties may have individually or collectively with the U.S. Government.
(4) No liability will be incurred by or attributed to the U.S. Government in connection with any
possible infringement of privately owned patent or proprietary rights, either domestic or foreign,
by reason of the U.S. Government's approval of this agreement.
(5) The technical data or defense service exported from the United States in furtherance of this
agreement and any defense article which may be produced or manufactured from such technical
data or defense service may not be transferred to a foreign person except pursuant to 22 CFR 126.7
or 126.18, as specifically authorized in this agreement, or where prior written approval of the
Department of State has been obtained.
(6) All provisions in this agreement which refer to the United States Government and the
Department of State will remain binding on the parties after the termination of the agreement.
III. § 124.9(a)
(1) No export, sale, transfer or other disposition of the licensed article is authorized to any country
outside the territory wherein manufacture or sale is herein licensed without the prior written
approval of the U.S. Government unless otherwise exempted by the U.S. Government. Sales or
other transfers of the licensed article shall be limited to governments of countries wherein
manufacture or sale is hereby licensed and to private entities seeking to procure the licensed article
pursuant to a contract with any such government unless the prior written approval of the U.S.
Government is obtained.
of the U.S. Government unless otherwise exempted by the U.S. Government. Sales or
other transfers of the licensed article shall be limited to governments of countries wherein
manufacture or sale is hereby licensed and to private entities seeking to procure the licensed article
pursuant to a contract with any such government unless the prior written approval of the U.S.
Government is obtained.
(2) It is agreed that sales by licensee or its sub-licensees under contract made through the U.S.
Government will not include either charges for patent rights in which the U.S. Government holds
a royalty-free license, or charges for data which the U.S. Government has a right to use and disclose
to others, which are in the public domain, or which the U.S. Government has acquired or is entitled
to acquire without restrictions upon their use and disclosure to others.
NOTE: The following statements must be included verbatim from ITAR § 124.8(a).
NOTE: For MLAs only, the following statements must be included verbatim from ITAR §
124.9(a).
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(3) If the U.S. Government is obligated or becomes obligated to pay to the licensor royalties, fees,
or other charges for the use of technical data or patents which are involved in the manufacture,
use, or sale of any licensed article, any royalties, fees or other charges in connection with purchases
of such licensed article from licensee or its sub-licensees with funds derived through the U.S.
Government may not exceed the total amount the U.S. Government would have been obligated to
pay the licensor directly.
the use of technical data or patents which are involved in the manufacture,
use, or sale of any licensed article, any royalties, fees or other charges in connection with purchases
of such licensed article from licensee or its sub-licensees with funds derived through the U.S.
Government may not exceed the total amount the U.S. Government would have been obligated to
pay the licensor directly.
(4) If the U.S. Government has made financial or other contributions to the design and
development of any licensed article, any charges for technical assistance or know-how relating to
the item in connection with purchases of such articles from licensee or sub-licensees with funds
derived through the U.S. Government must be proportionately reduced to reflect the U.S.
Government contributions, and subject to the provisions of paragraphs (a)(2) and (3) of this
section, no other royalties, or fees or other charges may be assessed against U.S. Government
funded purchases of such articles. However, charges may be made for reasonable reproduction,
handling, mailing, or similar administrative costs incident to the furnishing of such data.
(5) The parties to this agreement agree that an annual report of sales or other transfers pursuant to
this agreement of the licensed articles, by quantity, type, U.S. dollar value, and purchaser or
recipient, shall be provided by (applicant or licensee) to the Department of State.
oduction,
handling, mailing, or similar administrative costs incident to the furnishing of such data.
(5) The parties to this agreement agree that an annual report of sales or other transfers pursuant to
this agreement of the licensed articles, by quantity, type, U.S. dollar value, and purchaser or
recipient, shall be provided by (applicant or licensee) to the Department of State.
(6) (Licensee(s)) agree(s) to incorporate the following statement as an integral provision of a
contract, commercial invoice or other appropriate document whenever the licensed articles are
sold or otherwise transferred:
“These items are controlled by the U.S. government and authorized for export only to the country
of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may
not be resold, transferred, or otherwise disposed of, to any other country or to any person other
than the authorized ultimate consignee or end-user(s), either in their original form or after being
incorporated into other items, without first obtaining approval from the U.S. government or as
otherwise authorized by U.S. law and regulations.”
NOTE: Paragraph (4) above must properly reference the paragraph numbering system used in
the agreement and not just repeat the ITAR numbering.
NOTE: This clause must specify which party is obligated to provide the annual report. Such
reports may be submitted either directly by the licensee or indirectly through the licensor, and
may cover calendar or fiscal years. Reports shall be deemed proprietary information by the
Department of State and will not be disclosed to unauthorized persons. See ITAR § 120.21(b).
NOTE: This clause is written for the foreign licensee(s)—the foreign licensee(s) should be
identified in the first parenthetical, not the U.S. applicant.
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§ 124.9(b)
dar or fiscal years. Reports shall be deemed proprietary information by the
Department of State and will not be disclosed to unauthorized persons. See ITAR § 120.21(b).
NOTE: This clause is written for the foreign licensee(s)—the foreign licensee(s) should be
identified in the first parenthetical, not the U.S. applicant.
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§ 124.9(b)
(1) A completed Nontransfer and Use Certificate (DSP-83) must be executed by the foreign end-
user and submitted to the Department of State of the United States before any transfer may take
place.
(2) The prior written approval of the U.S. Government must be obtained before entering into a
commitment for the transfer of the licensed article by sale or otherwise to any person or
government outside of the approved sales territory.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed effective
as of the day and year of the last signature of this agreement (or) upon approval of the Department
of State (if a signed agreement was submitted and no modifications are directed by proviso).
__________________________________
______________________________
(signature block for U.S. person)
(signature block for foreign person)
NOTE: When the MLA involves the manufacture of SME, the following statements must also
be included verbatim from ITAR § 124.9(b).
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2.3 – Instructions for WDAs
a. Preamble – The preamble to the proposed agreement should clearly identify all parties to the
agreement and include physical addresses for each party. It is recommended that the applicant
list the parties in bullet format for ease of readability and review.
so
be included verbatim from ITAR § 124.9(b).
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2.3 – Instructions for WDAs
a. Preamble – The preamble to the proposed agreement should clearly identify all parties to the
agreement and include physical addresses for each party. It is recommended that the applicant
list the parties in bullet format for ease of readability and review.
(1) Only one physical location is required for governmental entities. For private companies,
the primary business location where activity will occur under the agreement should be
identified. If the private company has other business locations in the same country that
will be involved, either list all of those locations or add the phrase "(and all locations in
[identify the country])." If the same legal entity has business locations in different
countries that will participate in the agreement, at least one physical address per legal entity
per country must be identified in order to authorize transfers to those locations.
b. WHEREAS Clauses – The WHEREAS clauses should be used to describe the program itself
and identify the roles and responsibilities of each party to the agreement. They should also
provide pertinent information such as end-use systems and platforms, to include variants
thereof.
c. NOW THEREFORE Clauses – There are three NOW THEREFORE clauses. The first clause
should provide a concise summary of the program or agreement to include a general scope of
the effort. The second and third clauses should be cited verbatim and can be found in the
template provided in Section 2.4 below.
2.3.1. § 124.14(b) Requirements
a. § 124.14(b)(1). The applicant must describe the defense articles (hardware) to be exported,
including test and support equipment. Defense articles (hardware) should be described by
military nomenclature, contract number, Federal Stock Number, name plate data, or other
specific information. Only defense articles listed in the agreement will be eligible for export
1. § 124.14(b) Requirements
a. § 124.14(b)(1). The applicant must describe the defense articles (hardware) to be exported,
including test and support equipment. Defense articles (hardware) should be described by
military nomenclature, contract number, Federal Stock Number, name plate data, or other
specific information. Only defense articles listed in the agreement will be eligible for export.
The applicant may address defense articles (hardware) in a separate attachment to the request;
reference the attachment under § 124.14(b)(1).
(1) State that the defense articles will be exported via separate license (e.g., DSP-5). If the
applicant wishes to utilize the exemption at § 123.16(b)(1), it must be specifically
requested in this section.
(2) Clearly differentiate between defense articles to be exported for replacement spare parts
for equipment already in the inventory of the country of ultimate destination, and defense
articles to upgrade or enhance the performance or capabilities of articles in the country of
ultimate destination. Also delineate, at least in general terms, between hardware subject to
the USML and hardware subject to the CCL if the applicant wishes to submit IFO licenses
that include paragraph (x).
b. § 124.14(b)(2). The applicant must provide a detailed statement of the terms and conditions
under which the defense articles will be exported and distributed.
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c. § 124.14(b)(3). The applicant must state the expiration date of the agreement. For guidance on
determining the expiration date, see Section 6.
d. § 124.14(b)(4). The applicant must specifically identify the country or countries that comprise
the distribution territory. Distribution must be specifically limited to the governments of such
countries or to private entities seeking to procure defense articles pursuant to a contract with a
government within the distribution territory
ce on
determining the expiration date, see Section 6.
d. § 124.14(b)(4). The applicant must specifically identify the country or countries that comprise
the distribution territory. Distribution must be specifically limited to the governments of such
countries or to private entities seeking to procure defense articles pursuant to a contract with a
government within the distribution territory. Any deviation from this condition must be fully
explained and justified. The applicant may address the specific distribution territory in a
separate attachment to the proposed agreement but must reference the attachment under
§ 124.14(b)(4).
(1) If the agreement requests parties who are foreign intermediaries or integrators between the
foreign distributor (licensee) and the ultimate end-users, include the following statement
and identify the intermediaries/integrators:
“This agreement authorizes the temporary transfer of USML-controlled defense articles to
the entities listed in Attachment X prior to final transfer to the authorized end-users. As
recipients of USML-controlled defense articles, these entities must execute Non-
Disclosure Agreements (NDAs) acknowledging receipt of USML-controlled defense
articles. These NDAs must be maintained by the applicant for five years after conclusion
of this agreement pursuant to 22 CFR 122.5.”
2.3.2. Statements Required by § 124.14(c) and § 124.14(d)
The statements in § 124.14(c) must be included verbatim as they appear in the ITAR in all WDAs.
The statements in § 124.14(d) must be included verbatim when the WDA contemplates the
distribution of SME.
These NDAs must be maintained by the applicant for five years after conclusion
of this agreement pursuant to 22 CFR 122.5.”
2.3.2. Statements Required by § 124.14(c) and § 124.14(d)
The statements in § 124.14(c) must be included verbatim as they appear in the ITAR in all WDAs.
The statements in § 124.14(d) must be included verbatim when the WDA contemplates the
distribution of SME.
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2.4 – WDA Template
This agreement is entered into between:
• (Company name), an entity incorporated in the State of (state) with offices at (company
address), and
• (Foreign company name), whose office is situated at (foreign company address)
and is effective upon the date of signature of the last party to sign the agreement.
WHEREAS, ABC Company (Describe the need for the WDA.)
WHEREAS, XXX Technologies (Describe the company's role in the WDA.)
NOW THEREFORE, the parties desire to enter into this Warehouse and Distribution Agreement
as follows:
1. This Warehouse and Distribution Agreement is intended to (Provide concise summary of the
distribution arrangement to be approved under the agreement. This summary should include a
reference to an attachment identifying all defense articles sought for distribution.)
2. It is understood that this Warehouse and Distribution Agreement is entered into as required
under U.S. government regulations and is an independent agreement between the parties, the terms
of which will prevail, notwithstanding any conflict or inconsistency that may be contained in other
arrangements between the parties on the subject matter.
3. The parties agree to comply with all applicable sections of the International Traffic in Arms
Regulations (ITAR) (22 CFR Parts 120-130) and that more particularly in accordance with such
regulations the following conditions apply to this agreement:
I. § 124.14(b)
ing any conflict or inconsistency that may be contained in other
arrangements between the parties on the subject matter.
3. The parties agree to comply with all applicable sections of the International Traffic in Arms
Regulations (ITAR) (22 CFR Parts 120-130) and that more particularly in accordance with such
regulations the following conditions apply to this agreement:
I. § 124.14(b)
(1) Describe the defense articles involved including test and support equipment covered by the
U.S. Munitions List and to be exported in furtherance or support of this agreement. Describe
defense articles by military nomenclature, contract number, Federal Stock Number, name plate
data, or any control numbers under which the defense articles were developed or procured by the
U.S. Government. An attachment may be used to list hardware; reference such attachments in this
article.
(2) Provide a detailed statement of the terms and conditions under which the defense articles will
be exported and distributed.
NOTE: Only defense articles listed in the agreement or on an addendum sheet and referenced
here will be eligible for export in furtherance of the agreement.
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(3) This agreement is valid through March 31, 20xx (choose appropriate month per Section 6).
(4) The distribution of defense articles is authorized to (list countries of distribution territory). The
specific governments of such countries or private entities seeking to procure defense articles
pursuant to a contract with the government within the distribution territory are (list all
governmental and private entities).
If there are foreign intermediaries included in the requested transaction, they should be identified
by name in this section and are required to execute Non-Disclosure Agreements (NDAs)
such countries or private entities seeking to procure defense articles
pursuant to a contract with the government within the distribution territory are (list all
governmental and private entities).
If there are foreign intermediaries included in the requested transaction, they should be identified
by name in this section and are required to execute Non-Disclosure Agreements (NDAs). The
following language must be included in the agreement:
“This agreement authorizes the temporary transfer of USML-controlled defense articles to the
entities listed in Attachment X prior to final transfer to the authorized end-users. As recipients
of USML-controlled defense articles these entities must execute Non-Disclosure Agreements
(NDAs) acknowledging receipt of USML-controlled defense articles. These NDAs must be
maintained by the applicant for five years after conclusion of this agreement pursuant to 22
CFR 122.5.”
II. § 124.14(c)
(1) This agreement shall not enter into force, and may not be amended or extended, without the
prior written approval of the Department of State of the U.S. Government.
(2) This agreement is subject to all United States laws and regulations related to exports and to all
administrative acts of the U.S. Government pursuant to such laws and regulations.
(3) The parties to this agreement agree that the obligations contained in this agreement shall not
affect the performance of any obligations created by prior contracts or subcontracts which the
parties may have individually or collectively with the U.S. Government.
and regulations related to exports and to all
administrative acts of the U.S. Government pursuant to such laws and regulations.
(3) The parties to this agreement agree that the obligations contained in this agreement shall not
affect the performance of any obligations created by prior contracts or subcontracts which the
parties may have individually or collectively with the U.S. Government.
(4) No liability will be incurred by or attributed to the U.S. Government in connection with any
possible infringement of privately owned patent or proprietary rights, either domestic or foreign,
by reason of the U.S. Government's approval of this agreement.
NOTE: The following statements must be included verbatim from ITAR § 124.14(c) for all
DAs.
NOTE: Attachment(s) may be used to identify the countries of the distribution territory and
the specific governmental and private entities seeking to procure defense articles within the
distribution territory; reference such attachments in this article.
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(5) No export, sale, transfer or other disposition of the defense articles covered by this agreement
is authorized to any country outside the distribution territory without the prior written approval of
the Directorate of Defense Trade Controls of the U.S. Department of State.
(6) The parties to this agreement agree that an annual report of sales or other transfers pursuant to
this agreement of the licensed articles, by quantity, type, U.S. dollar value, and purchaser or
recipient, shall be provided by (applicant or licensee) to the Department of State.
thout the prior written approval of
the Directorate of Defense Trade Controls of the U.S. Department of State.
(6) The parties to this agreement agree that an annual report of sales or other transfers pursuant to
this agreement of the licensed articles, by quantity, type, U.S. dollar value, and purchaser or
recipient, shall be provided by (applicant or licensee) to the Department of State.
(7) (Licensee(s)) agree(s) to incorporate the following statement as an integral provision of a
contract, invoice or other appropriate document whenever the articles covered by this agreement
are sold or otherwise transferred:
“These items are controlled by the U.S. government and authorized for export only to the
country of ultimate destination for use by the ultimate consignee or end-user(s) herein
identified. They may not be resold, transferred, or otherwise disposed of, to any other country
or to any person other than the authorized ultimate consignee or end-user(s), either in their
original form or after being incorporated into other items, without first obtaining approval from
the U.S. government or as otherwise authorized by U.S. law and regulations.”
(8) All provisions in this agreement which refer to the United States Government and the
Department of State will remain binding on the parties after the termination of the agreement.
(9) Sales or other transfers of the licensed article shall be limited to the governments of the
countries in the distribution territory and to private entities seeking to procure the licensed article
pursuant to a contract with a government within the distribution territory, unless the prior written
approval of the U.S. Department of State is obtained.
III. § 124.14(d)
NOTE: If the articles covered by the agreement are in fact intended to be distributed to private
persons or entities (e.g., cryptographic devices and software for financial and business
applications), the above § 124.14(c)(9) clause must be removed
ithin the distribution territory, unless the prior written
approval of the U.S. Department of State is obtained.
III. § 124.14(d)
NOTE: If the articles covered by the agreement are in fact intended to be distributed to private
persons or entities (e.g., cryptographic devices and software for financial and business
applications), the above § 124.14(c)(9) clause must be removed.
NOTE: This clause is written for the foreign licensee(s)—the foreign licensee(s) should be
identified in the first parenthetical, not the U.S. applicant.
NOTE: The following statements must be included verbatim from ITAR § 124.14(d) for all
WDAs that contemplate the warehousing and/or distribution of SME.
NOTE: This clause must specify which party is obligated to provide the annual report. Such
reports may be submitted either directly by the licensee or indirectly through the licensor, and
may cover calendar or fiscal years. Reports shall be deemed proprietary information by the
Department of State and will not be disclosed to unauthorized persons. See ITAR § 120.21(b).
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(1) A completed Nontransfer and Use Certificate (DSP-83) must be executed by the foreign end-
user and submitted to the U.S. Department of State before any transfer may take place.
(2) The prior written approval of the U.S. Department of State must be obtained before entering
into a commitment for the transfer of the licensed article by sale or otherwise to any person or
government outside the approved distribution territory.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed effective
as of the day and year of the last signature of this agreement (or) upon approval of the Department
of State (if a signed agreement was submitted and no modifications are directed by proviso).
_______________________________ _________________________________
(signature block for U.S
EREOF, the parties hereto have caused this agreement to be executed effective
as of the day and year of the last signature of this agreement (or) upon approval of the Department
of State (if a signed agreement was submitted and no modifications are directed by proviso).
_______________________________ _________________________________
(signature block for U.S. person) (signature block for foreign person)
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3 – DSP-5 “Vehicle”
DTCL utilizes the DSP-5 license application as the primary instrument or “vehicle” for receiving
agreements and their respective amendments from the applicant, for transmitting them between
staffing points as part of the adjudication process, and for providing the DDTC position to the
applicant. The license form itself is not an authorization.
3.1 – General DSP-5 Vehicle Guidance
a. The first three characters of the Transaction Number must be “AG-” for the DECCS system to
recognize the submission as an agreement. The applicant can use any alpha-numeric label
after the “AG-”. Do not include spaces in the transaction number.
b. When listing the name of an entity in the Name field, list only the legal name. Do not include
“subsidiary of” statements, partial address or location clarifiers, or go-by names in the Name
field, unless those are part of the legal name.
c. The company names in the DSP-5 vehicle need to match the company names used in the
agreement/amendment. Please note that DECCS does not support letters with diacritics or other
special characters (e.g., á, ē, ü, ß). If an entity name contains accents/special characters, use
normal letters without the accent (e.g., type “Munster” instead of “Münster,” and “Massen”
instead of “Maßen”).
d. Multiple Business Locations
DSP-5 vehicle need to match the company names used in the
agreement/amendment. Please note that DECCS does not support letters with diacritics or other
special characters (e.g., á, ē, ü, ß). If an entity name contains accents/special characters, use
normal letters without the accent (e.g., type “Munster” instead of “Münster,” and “Massen”
instead of “Maßen”).
d. Multiple Business Locations
(1) Foreign licensees and sub-licensees with multiple business locations for the same legal
entity in the same country may provide a single Block 14 or 16 entry for the primary
location in that single country if the phrase "(and all locations in [identify the country])" is
added to the address field of the licensee/sub-licensee. If the applicant chooses to enter
multiple business locations in Block 14 or Block 16 for the same legal entity in the same
country, they must be input as separate entries. If the same legal entity has business
locations in different countries that will participate in the agreement, at least one entry must
be provided for each applicable country code in Block 14 or Block 16.
(2) Similarly, U.S. companies with multiple business locations for the same legal entity in the
United States may provide a single Block 21 entry for the primary location if the phrase
"(and all locations in the United States)" is added to the address field (as well as to the
agreement and the transmittal letter).
ust
be provided for each applicable country code in Block 14 or Block 16.
(2) Similarly, U.S. companies with multiple business locations for the same legal entity in the
United States may provide a single Block 21 entry for the primary location if the phrase
"(and all locations in the United States)" is added to the address field (as well as to the
agreement and the transmittal letter).
(3) If adding the phrase "(and all locations in [identify the country])" results in insufficient
space within the address field, the applicant may enter the primary address in one block
14/16/21 entry and the phrase "(and all locations in [identify the country])" in a separate
block 14/16/21 entry.
Guidelines for Preparing Agreements (Revision 5.2)
39
3.2 – Instructions for Completing the DSP-5 Vehicle
Since the DSP-5 was designed for hardware exports and not agreements, there will be
discrepancies between the DSP-5 block titles and the information requested. For example, while
block 16 is titled “Foreign Consignees,” this block should contain sub-licensees in an agreement
application. In instances where the block title does not align with the information requested, a note
has been made in the “Content” column in the table below.
Content
Applicant Input
Block 3
Select the country(ies) of ultimate destination (must be the
same as Block 14)
Block 4
Type “Not Required”
Block 5
Fill in applicant’s information (and subsidiary if applicable)
Block 6
Type in Government Point of Contact information, if
applicable
Block 7
Type in data on Applicant Points of Contact
Block 8a
New Agreements:
Select “ONLY completely new shipment”
Amendments:
Select “ONLY the unshipped balance under the license
numbers” and then click on “Enter license numbers.” Fill in
the last approved amendment/base agreement in Block A and
hit “return.” Use the 9-digit DSP-5 number to identify the
case
tion, if
applicable
Block 7
Type in data on Applicant Points of Contact
Block 8a
New Agreements:
Select “ONLY completely new shipment”
Amendments:
Select “ONLY the unshipped balance under the license
numbers” and then click on “Enter license numbers.” Fill in
the last approved amendment/base agreement in Block A and
hit “return.” Use the 9-digit DSP-5 number to identify the
case.
Block 8b
Complete if applicable
Block 8c
New Agreements:
Leave blank
Amendments:
Select “This application is in reference to an agreement” and
then click “Enter Agreement numbers.” Fill in all previous
amendment and base agreement numbers in Block C and hit
“return.” If the base agreement/last amendment was
submitted electronically, use the 9-digit DSP-5 number to
identify the case. Otherwise, use the 6-digit DA/MA/TA
number to identify previous paper cases.
Guidelines for Preparing Agreements (Revision 5.2)
40
Block 8d
Click on the appropriate item and provide information as
necessary and hit “return.” Must be consistent with
Paragraph (a)(7) in Transmittal Letter
Block 8e
Click Yes or No and provide Compliance Disclosure
Number if applicable
Block 9
Quantity:
Enter “1”
Unit Type:
Enter “Lots”
Block 10
Type in agreement type (e.g., TAA, MLA, WDA), concise
description of commodity(ies), SME status (e.g., “No
SME”),
highest
level
of
U.S.
classification
of
data/articles/services
to
be
exported
(unclassified,
confidential, secret, top secret), all USML categories (down
to the lowest subcategory as appropriate) proposed for export
or temporary import, and Total Agreement Value.
For “Defense Article Type,” always select “Technical
Data”
Block 11
Fill in the primary Technical Data category based on the
overall scope of the agreement (e.g., IV(i), XI(d)). Enter only
one category in this block. In most cases, the technical data
category is the second to last listing in the DECCS
dropdown menu and is found just before the “x” listing
rt, and Total Agreement Value.
For “Defense Article Type,” always select “Technical
Data”
Block 11
Fill in the primary Technical Data category based on the
overall scope of the agreement (e.g., IV(i), XI(d)). Enter only
one category in this block. In most cases, the technical data
category is the second to last listing in the DECCS
dropdown menu and is found just before the “x” listing. DO
NOT enter a hardware category. Submissions that list a
commodity (e.g., hardware) category in this block may be
RWA’d.
Block 12
New Agreements (TAAs/MLAs):
Enter the Total Agreement Value.
Amendments (TAAs/MLAs):
Enter the value increase from the previously approved
agreement/amendment; if there is no value increase or if the
value decreases, enter “$1.”
WDAs (New Agreements and Amendments):
Enter “$1” since no value is associated with a WDA.
Note: If your submission has multiple commodity lines,
enter “$1” in block 12 for each additional line. Do not split
the value up between the different lines.
Guidelines for Preparing Agreements (Revision 5.2)
41
Block 14
Foreign
Signatories, End-
Users, Transfer
Territories,Space
Launch Territories,
and Foreign
Launch Service
Providers
Foreign
Licensees
and
Non-Governmental
Non-
Signatory End-Users
Provide name and full physical address (to include postal
code). For Government Licensees, identify the specific
Department, Ministry, or other entity representing the
Government.
Example Entry:
Name: ABC Company
Address: 1234 Fulham Rd
City: London SW6 5BD
Country: United Kingdom
Government non-signatory End-Users:
A physical address is not required for foreign government
end-users who are not signatories to the agreement. Note
that foreign government entities must be identified, at a
minimum, to the ministry-level equivalent (e.g., “Ministry of
Defense of Lilliput”). Applications that only state
“Government of (Country)” may be returned without action
ed Kingdom
Government non-signatory End-Users:
A physical address is not required for foreign government
end-users who are not signatories to the agreement. Note
that foreign government entities must be identified, at a
minimum, to the ministry-level equivalent (e.g., “Ministry of
Defense of Lilliput”). Applications that only state
“Government of (Country)” may be returned without action.
Example Entry:
Name: Government of Sweden as represented by the
Ministry of Defense
Address: “End-User”
City: N/A
Country: Sweden
Transfer Territories:
List any Additional Transfer Territories when transfers need
to take place outside the territories of the foreign signatories
or sub-licensees.
Example Entry:
Name: “Transfer Territory”
Address: “N/A”
City: “N/A”
Country: Georgia
Space Launch Territories:
For agreements involving space launch, list the territory
from which space launch will occur if the launch territory
differs from the territory of the Space Launch Provider.
Multiple Launch complexes in a single territory may be
made as a single entry.
Guidelines for Preparing Agreements (Revision 5.2)
42
Example Entry:
Name: Space Launch Territory – ABC Space Launch
Address: Shetland, Cornwall
City: “N/A”
Country: United Kingdom
Non-Signatory Launch Service Provider:
Identify known or potential foreign Launch Service
Providers and space launch vehicles.
Example Entry:
Name: “Name of Launch Service Provider”
Address: Known/ potential space launch vehicle(s)
City: “N/A”
Country: Country Code of Service Provider
Role: “Launch Service Provider”
Block 15
Check “Same as Block 5”
Block 16
Sub-licensees;
Intermediaries and
Integrators
TAAs/MLAs:
Provide name and address for all foreign sub-licensees.
WDAs:
Provide name and address for all foreign intermediaries and
integrators
der”
Address: Known/ potential space launch vehicle(s)
City: “N/A”
Country: Country Code of Service Provider
Role: “Launch Service Provider”
Block 15
Check “Same as Block 5”
Block 16
Sub-licensees;
Intermediaries and
Integrators
TAAs/MLAs:
Provide name and address for all foreign sub-licensees.
WDAs:
Provide name and address for all foreign intermediaries and
integrators.
If the agreement has no foreign sub-licensees or foreign
intermediaries/integrators, enter the following:
- NAME – No Sub-licensees
- ADDRESS – N/A
- CITY – N/A
- COUNTRY – Enter the primary country of the transaction
Block 17
Check “Same as Block 5”
Block 18
Dual/Third
Country Nationals
List all countries of Dual and Third Country Nationals
requested for DDTC vetting. If only § 126.18 is being used
or no access for DN/TCNs is being requested, check
“None” for Block 18.
Example Entry:
Name – “DN/TCN”
Address – “DN/TCN”
City – “DN/TCN”
Country – Enter Country of DN/TCNs
Role – “DN/TCN”
Guidelines for Preparing Agreements (Revision 5.2)
43
DN/TCNs from § 126.1(d)(1) countries and DNs from
§ 126.1(d)(2) countries must be identified by name in
this Block. See Section 10.2.
Block 19
Check “Same as Block 5”
Block 20
Check “Other”. At a minimum, this block should include a
concise narrative describing the purpose of the submission,
to include the intended uses, end-users, and end-use systems
and platforms (to include variants thereof) of the
commodities involved in the transaction. Also include any
other significant information such as pending submissions.
This narrative should be derived from the Transmittal Letter
“Transaction Summary.” If the case was previously
Returned Without Action, identify this as a resubmission of
Case 050xxxxxx.
Amendments: Begin this Block with “This is Amendment
No. xx to TA/MA/DA xxxx-xx (050xxxxxxxx).” Block 20
must
provide
a
summary
of
the
proposed
agreement/amendment
on such as pending submissions.
This narrative should be derived from the Transmittal Letter
“Transaction Summary.” If the case was previously
Returned Without Action, identify this as a resubmission of
Case 050xxxxxx.
Amendments: Begin this Block with “This is Amendment
No. xx to TA/MA/DA xxxx-xx (050xxxxxxxx).” Block 20
must
provide
a
summary
of
the
proposed
agreement/amendment. The summary for an amendment
should include the total scope of the agreement and not just
what the amendment adds.
Proviso Reconsiderations: Begin this Block with “Request
for reconsideration of Proviso # XX to TA/MA/DA-xxxx-xx
(050xxxxxx)." Then restate the original scope from Block
20.
Block 21
U.S. Signatories;
U.S. Launch
Service providers
U.S. Signatories Provide a full name and physical address
(to include postal code).
Example Entry:
Name: ABC Company
Address: 1234 Rickford Rd
City: College Station, TX, 77843
Country: United States
Non-Signatory Space Launch Provider:
Identify known or potential U.S. Launch Service Providers
and space launch vehicles.
Example Entry:
Name: “Name of Launch Service Provider”
Address: Known/ potential space launch vehicle(s)
City: “N/A”
Country: Country Code of Service Provider
Guidelines for Preparing Agreements (Revision 5.2)
44
Role: “Launch Service Provider”
Block 22
Check the appropriate § 126.135 and Part 130 blocks.
Amendments: Answer Part 130 based on the Total Value
of the agreement, not the amendment value.
WDAs: Part 130 is not applicable to WDAs since they do
not have an associated value.
5 If items “a” or “c” are applicable, a separate § 126.13 letter is not required. For all other entries, a separate § 126.13
letter must be attached to the DSP-5 vehicle. For § 126.13 letter guidance, see the DDTC website.
rt 130 based on the Total Value
of the agreement, not the amendment value.
WDAs: Part 130 is not applicable to WDAs since they do
not have an associated value.
5 If items “a” or “c” are applicable, a separate § 126.13 letter is not required. For all other entries, a separate § 126.13
letter must be attached to the DSP-5 vehicle. For § 126.13 letter guidance, see the DDTC website.
Guidelines for Preparing Agreements (Revision 5.2)
45
4 – Amendments to an Agreement
Once an agreement is approved by DTCL, any changes to the agreement must be made via an
amendment. An amendment should be submitted as a conformed agreement that, if approved,
supersedes the previously approved agreement.6
The DSP-5 vehicle reference number for the related amendments will not be numbered
sequentially; however, the agreement number assigned to the base agreement will remain the same
for subsequent amendments, with the next sequential amendment letter added to the base number
(e.g., TA-9876-21 becomes TA-9876-21A). This also includes amendments that do not require
execution by the agreement parties such as increases in value and applications that are returned
without action. For this reason, DTCL recommends applicants track all amendments (major and
minor) with numbers instead of letters. This will allow the applicant to keep track of minor
amendments to the case without confusing DDTCs amendment letter with the applicant’s
amendment number.
4.1 – Transmittal Letter
An amendment transmittal letter should replicate the previous agreement transmittal letter with
any requested changes specifically identified. Identify changes to the required ITAR § 124.12
statements by annotating “NO CHANGE” or “CHANGE” after each statement. All changes
should be in bolded font for ease of review. Additionally, the § 124.12(a)(6) Valuation Table
should be formatted with three value columns (see Section 7.2.2).
4.1.1. Additional Instructions for Amendments
a. Transaction Summary
changes specifically identified. Identify changes to the required ITAR § 124.12
statements by annotating “NO CHANGE” or “CHANGE” after each statement. All changes
should be in bolded font for ease of review. Additionally, the § 124.12(a)(6) Valuation Table
should be formatted with three value columns (see Section 7.2.2).
4.1.1. Additional Instructions for Amendments
a. Transaction Summary. Include the following information as part of the Transaction
Summary:
(1) Objective of the Amendment. Provide a full list of the changes being requested in this
submission. The list should be provided in bullet format. Examples of modifications
include but are not limited to:
(A) Expand scope to include:
-
Addition of new hardware
-
Expansion of Statement of Work
-
Transfer of additional technical data
-
Expansion of sales, distribution, or marketing territory (new countries)
-
Addition of new programs
(B) Extend term of agreement from (current date) to (proposed date)
(C) Add U.S. or foreign signatories
(D) Change name of U.S. or foreign signatory from (company) to (company)
(E) Authorize sub-licensing
(F) Add sub-licensees
6 If amending a paper agreement, see the DDTC website for guidance on re-baselines.
Guidelines for Preparing Agreements (Revision 5.2)
46
(G) Add DN/TCNs
(H) Increase value of agreement
(I) Moderate increase of approved hardware for export
(J) Convert from a TAA to an MLA
(2) Original Purpose of the Agreement. Provide a brief description (one or two paragraphs)
of the original purpose of the agreement, how the agreement is being executed, who are
the end-users, what is the scope of the effort, and an explanation of the commodity or
program.
Increase value of agreement
(I) Moderate increase of approved hardware for export
(J) Convert from a TAA to an MLA
(2) Original Purpose of the Agreement. Provide a brief description (one or two paragraphs)
of the original purpose of the agreement, how the agreement is being executed, who are
the end-users, what is the scope of the effort, and an explanation of the commodity or
program.
(3) Relationship to the Original Agreement. Briefly summarize modifications made in each
previously approved amendment. Additionally, note status and date submitted for any
other pending amendments. Explain how the modifications in the current request relate to
what was originally approved. Describe any new technology (technical data) that will be
transferred with this amendment. State whether any precedent of exports has been
approved that may relate or pertain to this amended request. Attachments can be referenced
with more detailed information, but a short description should be provided here.
b. Congressional Notification. If the agreement was previously notified, include the notification
history in the Supplemental Information section. See Section 8 for additional guidance.
c. Sales Report Summary. For MLA and WDA amendments, provide a table reporting sales by
year and total sales to date. This table does not replace the need to submit annual sales reports
in accordance with § 124.9(a)(5).
Year
Dollar Value
2018
2019
2020
Total
d. Export License History (DAs only). For all WDA amendments, provide a table identifying
all export licenses received in furtherance of the agreement and the total value authorized under
each license. If the WDA has been previously re-baselined one or more times, make sure to
provide all export licenses that were received in furtherance of the previous agreement
number(s).
NOTE: Sales reports must cover the entire life of an agreement
amendments, provide a table identifying
all export licenses received in furtherance of the agreement and the total value authorized under
each license. If the WDA has been previously re-baselined one or more times, make sure to
provide all export licenses that were received in furtherance of the previous agreement
number(s).
NOTE: Sales reports must cover the entire life of an agreement. When amending an agreement
which has been re-baselined, all sales under the previous agreement number must be accounted
for in the Sales Report Summary.
Guidelines for Preparing Agreements (Revision 5.2)
47
License Number
Dollar Value
0500000001
0500000010
0500000020
Total
4.1.2. Partial Sample Transmittal Letter for an Amendment
NOTE: This is a PARTIAL sample. Only parts of the transmittal letter are displayed in order to
demonstrate how to annotate changes. As stated above, an amendment transmittal letter should
replicate the agreement transmittal letter with changes annotated in bold text. Full sample
templates for all transmittal letter types can be found elsewhere in this document.
….
Subject: Proposed Amendment No. X to TA (MA) xxxx-xx (050xxxxxx) for the support of the
How to Write Agreements Processor
….
Dear Director:
Submitted herewith is a submission package for proposed Amendment No. 1 to the Technical
Assistance (or Manufacturing Licensing) Agreement, for the support of the How to Write
Agreements Processor. ABC Company and the foreign party(ies) now desire to modify the
agreement to accomplish the objectives listed below
the support of the
How to Write Agreements Processor
….
Dear Director:
Submitted herewith is a submission package for proposed Amendment No. 1 to the Technical
Assistance (or Manufacturing Licensing) Agreement, for the support of the How to Write
Agreements Processor. ABC Company and the foreign party(ies) now desire to modify the
agreement to accomplish the objectives listed below.
OBJECTIVE OF AMENDMENT
Expand scope to include:
- Addition of new hardware
- Expansion of Statement of Work
Extend term of agreement
Increase value of agreement
ORIGINAL PURPOSE OF AGREEMENT
Provide a brief description (one or two paragraphs) of the original purpose of the agreement, how
the agreement is being executed, who are the end-users, what is the scope of the effort, and an
explanation of the commodity or program. The level of detail required here depends upon the
nature of the amendment request (i.e., scope changes will require more details than administrative
changes). Bullet format is preferred.
Guidelines for Preparing Agreements (Revision 5.2)
48
RELATIONSHIP TO ORIGINAL APPROVAL
• Bullet format is preferred
• Briefly summarize modifications imposed by each previously approved amendment.
• Note status and date submitted for any pending amendments
• Explain how modifications in the current request relate to/differ from those authorizations
previously approved.
• If pertinent, describe any new technology (technical data) that will be transferred with this
amendment.
• If no new technology will be transferred, then so state.
• State whether any precedent exports have been approved that may relate or pertain to this
amended request.
• Attachments can be referenced with more detailed information, but a short description should
still be provided here.
REQUIRED INFORMATION
In accordance with § 124.12, the following information is provided:
(a)(1) DDTC Applicant Code is M-0000. NO CHANGE.
so state.
• State whether any precedent exports have been approved that may relate or pertain to this
amended request.
• Attachments can be referenced with more detailed information, but a short description should
still be provided here.
REQUIRED INFORMATION
In accordance with § 124.12, the following information is provided:
(a)(1) DDTC Applicant Code is M-0000. NO CHANGE.
(a)(2) The parties to this agreement are as follows: NO CHANGE.
The foreign licensee(s)
XXX Technologies
Full Address (no P.O. Box)
Country
U.S. Signatories
ABC Company
1234 South Rd.
Anywhere, VA 98765
The purpose of this amendment is (restate the original scope and provide changes of scope
in bold). CHANGE.
This agreement is valid until March 31, 2021. CHANGE.
(a)(3) There are no relevant U.S. government contracts under which equipment or technical data
was generated, improved or developed and supplied to the U.S. government. NO CHANGE.
(a)(4) The highest U.S. military security classification of the equipment or technical data to be
transferred under the terms of this agreement is Unclassified. NO CHANGE.
Guidelines for Preparing Agreements (Revision 5.2)
49
(a)(5) There are no patents on file concerning this agreement. NO CHANGE.
(a)(6) The estimated value of this agreement is as follows: CHANGE.
Line
Number
Item
Currently
Approved
under
TA xxxx-xx
Proposed
Amendment
New Total
1
Technical Data and Defense Services
$1,000,000
$4,500,000
$5,500,000
2
3
4
5
6
Hardware
Permanent Export by DSP-5 or DSP-85
(Tooling/Support Equipment)
Permanent Export by DSP-5 or DSP-85
(Kits and Components incorporated
into manufactured items) (MLA only)
Temporary Export by DSP-73 or DSP-
85
Temporary Import by DSP-61 or DSP-
85
Total Licensed Hardware (Sum of lines
2, 3,4&5)
$21,000,000
N/A
$3,000,000
$4,000,000
$28,000,000
$31,000,000
N/A
$0
$0
$31,000,000
$52,000,000
N/A
pment)
Permanent Export by DSP-5 or DSP-85
(Kits and Components incorporated
into manufactured items) (MLA only)
Temporary Export by DSP-73 or DSP-
85
Temporary Import by DSP-61 or DSP-
85
Total Licensed Hardware (Sum of lines
2, 3,4&5)
$21,000,000
N/A
$3,000,000
$4,000,000
$28,000,000
$31,000,000
N/A
$0
$0
$31,000,000
$52,000,000
N/A
$3,000,000
$4,000,000
$59,000,000
7
Hardware Value for Congressional
Notification (line 2)
$21,000,000 $31,000,000 $52,000,000
8
Hardware Manufactured Abroad (Line 3
plus work done by foreign licensees as
result of the MLA) (MLA only)
N/A
N/A
N/A
9
AGREEMENT TOTAL VALUE (Sum
of lines 1,6&8)
$29,000,000 $35,500,000 $64,500,000
10
Congressional Notification Value (Sum
of lines 1,7&8)
$22,000,000 $35,500,000 $57,500,000
(a)(7) There are no foreign military sales credits or loan guarantees involved in financing the
agreement. NO CHANGE.
….
SUPPLEMENTAL INFORMATION:
….
This agreement was previously notified under DTC # xx-xx pursuant to Article 36(c) and/or
Article 36(d) on (month/day/year) for $xxx,xxx,xxx under TA/MA-xxxx-xx. (Include this
statement if the agreement was previously notified.) If this information was not provided in a
proviso from DTCL, provide the agreement/amendment number and calendar year of Notification.
If the agreement was notified multiple times, provide information on all previous notifications).
Article 36(c) and/or
Article 36(d) on (month/day/year) for $xxx,xxx,xxx under TA/MA-xxxx-xx. (Include this
statement if the agreement was previously notified.) If this information was not provided in a
proviso from DTCL, provide the agreement/amendment number and calendar year of Notification.
If the agreement was notified multiple times, provide information on all previous notifications).
Guidelines for Preparing Agreements (Revision 5.2)
50
<or>
This amendment does not require Congressional Notification.
SALES REPORT SUMMARY
For an MLA or WDA amendment, provide a table reporting sales by year and with total sales to
date. If the agreement has been re-baselined previously, ensure that sales figures are provided for
the entire life of the agreement. This table does not replace the need to submit annual sales reports
in accordance to § 124.9(a)(5).
Year
Dollar Value
2018
2019
2020
Total
EXPORT LICENSE SUMMARY
For a WDA amendment, provide a table identifying all export licenses received in furtherance of
the agreement over the entire life of the agreement and the total value authorized under each
license.
License Number
Dollar Value
0500000001
0500000010
0500000020
Total
Guidelines for Preparing Agreements (Revision 5.2)
51
4.2 – Proposed Agreement
Amendments should be “conformed” or consolidated. In other words, all major amendments
should be submitted as entire agreements with proposed changes identified by bolded text (not
“track changes”).7 Applications that simply describe which sections or articles to the agreement
are being modified may be Returned Without Action.
For amendments involving ONLY an increase of value of the agreement that does not result in
Congressional Notification, a Letter of Transmittal per § 124.12 is the only required document
needed with the DSP-5 vehicle. Since these changes do not impact the agreement itself, there is
no requirement to submit any document for execution by all parties
ng modified may be Returned Without Action.
For amendments involving ONLY an increase of value of the agreement that does not result in
Congressional Notification, a Letter of Transmittal per § 124.12 is the only required document
needed with the DSP-5 vehicle. Since these changes do not impact the agreement itself, there is
no requirement to submit any document for execution by all parties.
4.2.1. Additional Instructions
a. WHEREAS Clauses – In addition to describing the agreement as a whole, the WHEREAS
clauses should be used to describe any changes to the program itself and identify the roles of
any new parties to the agreement.
b. NOW THEREFORE Clauses – In addition to providing a summary of the program as a
whole, the first clause should provide a concise summary of the proposed changes to the
agreement.
c. § 124.7(a) and § 124.14(b) Requirements. Proposed changes to § 124.7(a) and § 124.14(b)
information must be integrated into (or removed from) the previously approved agreement
when submitted. If a separate attachment or exhibit is referenced in the agreement, submit a
copy of the attachment or exhibit since it is an integral part of the agreement, and identify any
modifications made to the attachment or exhibit.
7 Typos and minor administrative mistakes do not need to be bolded.
Guidelines for Preparing Agreements (Revision 5.2)
52
4.3 – Minor Amendments
a. In accordance with § 124.1(d), amendments which only alter delivery or performance
schedules, or other minor administrative amendments which do not affect in any manner the
duration of the agreement or the clauses or information which must be included in the
agreement do not have to be submitted to DTCL for approval. The applicant must upload a
copy of the minor amendment to the DSP-5 vehicle of the most recently approved
agreement/amendment within 30 days of execution.
b. Most changes via a minor amendment require signatures of all the parties to the agreement
after the change is made
r the clauses or information which must be included in the
agreement do not have to be submitted to DTCL for approval. The applicant must upload a
copy of the minor amendment to the DSP-5 vehicle of the most recently approved
agreement/amendment within 30 days of execution.
b. Most changes via a minor amendment require signatures of all the parties to the agreement
after the change is made. If the changes are made prior to concluding (signing) the original
agreement, then a separate submission is not required and the applicant can highlight or explain
the changes in the cover letter provided with the copy of the concluded agreement. Minor
amendments must be “conformed” or consolidated. In other words, all minor amendments
must be submitted as entire agreements with proposed changes identified by bolded text (not
“track changes”).
c. The following changes can be made without DTCL approval as long as they in no way affect
the scope of the agreement:
(1) Correct typos or minor mistakes in original submission.
(2) Correct address of a U.S. or foreign entity (in the same country)
(3) For the same legal entity, add or remove additional locations/addresses in the same country
(4) For the same legal entity, add the phrase “and all locations in [Country X]”
(5) Correct the official name of a U.S. or foreign entity
(6) Correct the official name of a U.S. or foreign entity after a name change notification is
posted on the DDTC website (the notification must state that name changes for that party
may be made to existing agreements as a minor amendment)
(7) Make minor language changes needed before parties will sign
(8) Remove a signatory from the agreement
(9) Remove a sub-licensee from the agreement
(10) Correct delivery schedules, if cited in the agreement (expiration date of agreement must
remain unchanged, and only dates of delivery may be modified [i.e., no changes to alter
scope])
be made to existing agreements as a minor amendment)
(7) Make minor language changes needed before parties will sign
(8) Remove a signatory from the agreement
(9) Remove a sub-licensee from the agreement
(10) Correct delivery schedules, if cited in the agreement (expiration date of agreement must
remain unchanged, and only dates of delivery may be modified [i.e., no changes to alter
scope])
(11) To remove hardware or technical data transitioned to the jurisdiction of the Department
of Commerce or otherwise no longer subject to the USML or to change transitioned items
to paragraph (x)
(12) Add the “Expedited Execution” sub-licensee clause
(13) Add the Foreign Person Employee clause
Note: For foreign licensee name changes, if an ownership change or other transfer has taken place,
an amendment must be submitted in accordance with § 124.1(c) and receive approval from DTCL,
unless a GC has been submitted and DTCL has issued a GC response authorizing the change via
minor amendment. For additional information on name changes of a foreign signatory, see
General Correspondence for Amendment of Existing ITAR Authorizations Due to Foreign
Entity Name Change available on the DDTC website.
Guidelines for Preparing Agreements (Revision 5.2)
53
5 – Uploading Documents to DECCS
Both submission and post-approval documentation should be uploaded to the associated DSP-5
file. Do NOT create a new DSP-5 entry. This includes any additional or updated documents
requested by the analyst assigned to your case.
All uploaded documents should be “.pdf” files, and when possible, should be created with
searchable text.
5.1 – Uploading Submission Documents
To assist DTCL in its adjudication of agreement/amendment submissions, applicants should use
Table 5.1 to identify the proper Upload Menu Option when uploading each file
additional or updated documents
requested by the analyst assigned to your case.
All uploaded documents should be “.pdf” files, and when possible, should be created with
searchable text.
5.1 – Uploading Submission Documents
To assist DTCL in its adjudication of agreement/amendment submissions, applicants should use
Table 5.1 to identify the proper Upload Menu Option when uploading each file.
Document Type
Upload Menu Option
Transmittal Letter
Supplementary Explanation of Transaction
New Agreement/Amendment
Contract
§ 126.13 Certification Letter
Certification Letter
Positive Part 130 Statement
Part 130 Report
Last approved Agreement/Amendment
Precedent (identical/similar) Cases
Table 5.1 – Attachment Upload Menu Options
Additional Considerations
a. To facilitate the technical review of the submission, the name of the “.pdf” file being uploaded
should be as descriptive as possible. For example:
(1) Transmittal letters should be named “Transmittal Letter.pdf”
(2) Agreements with attachments should be named “Agreement with Attachments.pdf”
(3) If separate supporting documents or attachments are uploaded, the file name of these
documents should clearly identify what the document is (e.g., “F-4 Forward Fuselage Drwg
No 12345.pdf”, not simply labeled as “technical data.pdf”)
b. When USML Categories I, II or III are entered in Block 11, and if prompted to upload an
Import Certificate, upload a letter stating “no certification is required.”
supporting documents or attachments are uploaded, the file name of these
documents should clearly identify what the document is (e.g., “F-4 Forward Fuselage Drwg
No 12345.pdf”, not simply labeled as “technical data.pdf”)
b. When USML Categories I, II or III are entered in Block 11, and if prompted to upload an
Import Certificate, upload a letter stating “no certification is required.”
Guidelines for Preparing Agreements (Revision 5.2)
54
5.2 – Uploading Post-Approval Documents
Post-approval documentation for agreements (e.g., executed agreements, sales reports, and
unexecuted/termination notifications) should be uploaded to the associated DSP-5 vehicle.
5.2.1. Submitting Executed Agreements/Amendments. Once an agreement or amendment is
executed by all parties, the applicant must upload an electronic copy of the signed
agreement/amendment to the respective approved license within 30 days from the date that the
agreement is concluded as required by § 124.12(b)(3).
a. If changes are made prior to concluding (signing) the agreement, include a cover letter that
provides a reason for the changes. If no changes are made to the DTCL-approved version of
the agreement, a cover letter is optional (but see 3 and 4 below).
b. In order to ensure that the Defense Counterintelligence and Security Agency (DCSA)8 receives
a copy of all approved agreements involving the release of classified defense articles as
required by § 124.1(b), applicants also must submit a copy of the executed agreement to DCSA
within 30 days of execution.
c. Executed copies of MLAs must be accompanied by a cover letter that includes the information
required under § 124.4(b)(1)-(4). The letter must provide an estimate of the quantity of each
defense article to be manufactured abroad.
d. Minor amendments should be uploaded to the DSP-5 vehicle of the most recently approved
agreement/amendment and be accompanied by a cover letter that provides an explanation of
the amendment.
5.2.2
ied by a cover letter that includes the information
required under § 124.4(b)(1)-(4). The letter must provide an estimate of the quantity of each
defense article to be manufactured abroad.
d. Minor amendments should be uploaded to the DSP-5 vehicle of the most recently approved
agreement/amendment and be accompanied by a cover letter that provides an explanation of
the amendment.
5.2.2. Submitting Signed DSP-83s. When a requirement is placed upon the applicant to execute
DSP-83s for the transfer of classified technical data or technical data for the manufacture of SME
abroad, the applicant must upload a copy of the signed DSP-83s along with the executed copy of
the agreement or amendment to the respective approved license.
The original DSP-83 is maintained by the applicant.
5.2.3. Annual Status Updates. If an agreement is not executed within one year of approval by
DTCL, submit a written report to DTCL summarizing the status of the agreement. This electronic
report should be uploaded to the respective approved license for the agreement or amendment.
This report is to be submitted on an annual basis based on the date of the issuance of the DTCL
approval until such time as the requirements of § 124.4 or § 124.5 have been satisfied.
5.2.4. Notification of Initial Technical Data Export. Pursuant to § 123.22(b)(3)(ii), prior to the
initial export of any technical data or defense services authorized in an agreement, the applicant
must electronically inform DDTC that exports have begun. A letter must be uploaded to the
8 The Defense Security Service (DSS) was renamed the Defense Counterintelligence and Security Agency (DCSA)
effective June 20, 2019. Note that the ITAR has not been updated and still references the DSS.
e
initial export of any technical data or defense services authorized in an agreement, the applicant
must electronically inform DDTC that exports have begun. A letter must be uploaded to the
8 The Defense Security Service (DSS) was renamed the Defense Counterintelligence and Security Agency (DCSA)
effective June 20, 2019. Note that the ITAR has not been updated and still references the DSS.
Guidelines for Preparing Agreements (Revision 5.2)
55
approved DSP-5 vehicle of the base agreement or the first amendment under which the transfer of
technical data or defense services will occur. Subsequent amendments do not require another letter
documenting the initial transfer of technical data or defense services, even if an amendment
increases the scope of the technical data and/or defense services that may be transferred.
5.2.5. Notification of Decision not to Conclude an Agreement or Amendment. Pursuant to
ITAR § 124.5, the Applicant must inform DDTC within 60 days if a decision is made not to
conclude an agreement or amendment. The notification letter should be attached electronically to
the respective approved DSP-5 vehicle for the agreement or amendment and include the applicant
registration code and the agreement or amendment number as identified in the DTCL approval.
When a decision is made not to conclude an amendment to an agreement, the notification letter
must specify the amendment will not be concluded and clearly state whether the rest of the
agreement is still active.
5.2.6. Termination of an Agreement. Pursuant to ITAR § 124.6, the applicant must inform
DDTC in writing of the impending termination of the agreement not less than 30 days prior to the
expiration or termination of such agreement. The notification letter should be uploaded to the
approved DSP-5 vehicle of the base agreement and must include the applicant registration code
and the agreement number as identified in the DTCL approved license
o ITAR § 124.6, the applicant must inform
DDTC in writing of the impending termination of the agreement not less than 30 days prior to the
expiration or termination of such agreement. The notification letter should be uploaded to the
approved DSP-5 vehicle of the base agreement and must include the applicant registration code
and the agreement number as identified in the DTCL approved license. When terminating a
Manufacturing License Agreement, the applicant must submit a final sales report summary with
the termination letter. When terminating a Warehouse and Distribution Agreement, the applicant
must submit a final activity summary with the termination letter.
5.2.7. Annual Sales Reports for MLAs and WDAs. In accordance with § 124.9(a)(5) and §
124.14(c)(6), the parties to the agreement must submit an annual report of sales or other transfers
pursuant to the agreement, by quantity of licensed articles, type, U.S. dollar value, and purchaser
or recipient. This report of sales is for the sale of manufactured or distributed hardware alone.
Report the transfer of hardware: if an order was placed but the hardware has not yet been
transferred, wait to report that hardware in the year when that hardware is actually transferred. For
MLAs, reported sales must indicate the total value of the manufactured end items, to include any
hardware that was exported and incorporated into the manufactured end items.
a. An electronic copy of the Annual Sales Report should be uploaded to the respective approved
license for the base agreement.
b. For a new MLA or DA, an Annual Sales Report is not required until the agreement has been
executed since sales/transfers cannot occur until the agreement has been executed. The first
Annual Sales Report would be required for the year in which the agreement was executed.
c. For an MLA or DA that was not active in a particular year, a report of “No Sales” is required.
d. Annual Sales Reports may cover either calendar or fiscal years.
e
ot required until the agreement has been
executed since sales/transfers cannot occur until the agreement has been executed. The first
Annual Sales Report would be required for the year in which the agreement was executed.
c. For an MLA or DA that was not active in a particular year, a report of “No Sales” is required.
d. Annual Sales Reports may cover either calendar or fiscal years.
e. It is suggested that each year’s annual sales report be added to the annual sales report document
from the previous year and submitted in a single .pdf file (i.e. a running list of annual sales
Guidelines for Preparing Agreements (Revision 5.2)
56
reports in chronological order in a single .pdf file for each annual submission). See Table 5.2
for a sample format.
DTCL Case_______ CY/FY_________
Item
Recipient
Quantity
U.S.
$
Value
TOTAL
Table 5.2 – Annual Sales Report
Guidelines for Preparing Agreements (Revision 5.2)
57
Part 2
Additional Guidance
Guidelines for Preparing Agreements (Revision 5.2)
58
6 – Agreement Duration and Expiration Date
a. Applicants determine the duration and expiration dates of their agreements. The applicant may
select any term not to exceed ten years in duration from the current calendar year. Applicants
may terminate an agreement at any time prior to the expiration date.
b. In order to avoid an overwhelming number of simultaneous amendments for duration
extensions, DTCL uses an Expiration Date Matrix, distributing expiration dates throughout the
calendar year. Applicants should use the following matrix when determining the expiration
month for their agreement. Select the month that corresponds with the first letter of the
applicant name on the official DDTC registration
r to avoid an overwhelming number of simultaneous amendments for duration
extensions, DTCL uses an Expiration Date Matrix, distributing expiration dates throughout the
calendar year. Applicants should use the following matrix when determining the expiration
month for their agreement. Select the month that corresponds with the first letter of the
applicant name on the official DDTC registration.
Month of Expiration
Registered Company Name
January
D, X, Y and Z
February
S and C
March
A and M
April
G and V
May
H and T
June
B and Q
July
N and F
August
L and W
September
U and P
October
R and I
November
O and E
December
J, K and all Numbers
Table 6.1 – Expiration Date Matrix
Examples:
-
XYZ Defense Systems Inc. will have an expiration date of January 31, 20xx.
-
XYZ Systems, LLC, a subsidiary of ABC Company (the registered company), will have
an expiration date of March 31, 20xx.
c. An applicant can submit a proposed amendment requesting to extend the duration of an
agreement. Each amendment can request an extension out to ten years from the year the
amendment is submitted. An amendment request to extend the duration of an agreement must
be submitted at least 60 days in advance of its expiration. Note: if the applicant is concerned
about potential expiration of the currently approved agreement when submitting an
amendment, the applicant may request an extension of the currently approved agreement in the
transmittal letter.
d. The DSP-5 vehicle will automatically default to an expiration date of 48 months. This does
not reflect the actual expiration of the agreement itself (the DSP-5 vehicle is simply used as
the means for transmitting the agreement throughout the approval process). The actual
expiration date approved for the agreement is specified in Proviso #1 of all authorizations.
transmittal letter.
d. The DSP-5 vehicle will automatically default to an expiration date of 48 months. This does
not reflect the actual expiration of the agreement itself (the DSP-5 vehicle is simply used as
the means for transmitting the agreement throughout the approval process). The actual
expiration date approved for the agreement is specified in Proviso #1 of all authorizations.
Guidelines for Preparing Agreements (Revision 5.2)
59
7 – Establishing Value
Agreement value is made up of three components: Technical Data/Defense Services; Licensed
Hardware; and Hardware Manufactured Abroad (if applicable). The sum of these three
components is the Agreement Total Value.
Note: WDAs have no associated value.
7.1 – Components of Value
7.1.1. Technical Data and Defense Services - The value of Technical Data and Defense Services
is often combined into a single value in the valuation matrix.
a. Technical Data – the value assigned to the technical data being transferred to the foreign
parties.
b. Defense Service – usually defined as the manpower costs incurred by the U.S. company in the
agreement.
7.1.2. Hardware – The licensed hardware value has three (TAAs) or four (MLAs) components:9
a. Permanent Exports – For TAAs, the total value of all USML hardware being permanently
exported by the applicant via separate DSP-5 or DSP-85 license(s) in furtherance of the
agreement.
(1) For MLAs, this value is further broken down as follows:
(A) Tooling/Support Equipment – The value of permanently exported USML hardware
not incorporated in the item the foreign licensee(s) is(are) manufacturing. This value
usually includes tooling and test equipment needed during the manufacturing process,
but that will not be sold to the ultimate end-user of the manufactured items.
(B) Kits and Components – The value of permanently exported USML hardware
incorporated in the manufactured end-item
ently exported USML hardware
not incorporated in the item the foreign licensee(s) is(are) manufacturing. This value
usually includes tooling and test equipment needed during the manufacturing process,
but that will not be sold to the ultimate end-user of the manufactured items.
(B) Kits and Components – The value of permanently exported USML hardware
incorporated in the manufactured end-item. This usually includes kits or components
the foreign licensee(s) will use in the ultimate end-items through the licensed
manufacturing process.
b. Temporary Exports – The value of all USML hardware being temporarily exported by the
applicant in furtherance of the agreement via DSP-73 or DSP-85 license(s).
c. Temporary Imports – The value of all USML hardware being temporarily imported by the
applicant in furtherance of the agreement via DSP-61 or DSP-85 license(s).
7.1.3. Hardware Manufactured Abroad – This component is applicable to MLAs only. It is the
projected production or sale value of defense articles being manufactured abroad under the license.
This includes the value of any kits or components exported in furtherance of the agreement and
9 Applicants are not required to provide an estimated repair and replacement value to obtain separate licenses for repair
and replacement activities. All hardware authorizations approved by DTCL will include provisions to allow the
applicant to apply for separate licenses for repair and replacement.
Guidelines for Preparing Agreements (Revision 5.2)
60
incorporated into the hardware manufactured abroad, and also includes the increase in value
caused by the work the foreign licensee(s) accomplish in the manufacturing process.
ies. All hardware authorizations approved by DTCL will include provisions to allow the
applicant to apply for separate licenses for repair and replacement.
Guidelines for Preparing Agreements (Revision 5.2)
60
incorporated into the hardware manufactured abroad, and also includes the increase in value
caused by the work the foreign licensee(s) accomplish in the manufacturing process.
Guidelines for Preparing Agreements (Revision 5.2)
61
7.2 – The Valuation Table
a. The valuation table should be included in the § 124.12(a)(6) paragraph of the transmittal letter
for all TAA and MLA submissions. The applicant should address each of the key elements,
even though there may be no fee pertaining to, or a $0 value attributed to, a particular element.
The value of each of these elements can be an estimate, but should extend over the duration of
the agreement and not beyond.
Line
Number
Item
Value
1
Technical Data and Defense Services
$1,000,000
2
3
4
5
6
Hardware
Permanent Export by DSP-5 or DSP-85 (all permanent
hardware for TAA, Tooling/Support Equipment for MLA)
Permanent Export by DSP-5 or DSP-85 (Kits and Components
incorporated into manufactured items, MLA only)
Temporary Export by DSP-73 or DSP-85
Temporary Import by DSP-61 or DSP-85
Total Licensed Hardware (Sum of lines 2, 3, 4 & 5)
$21,000,000
$20,000,000
$3,000,000
$4,000,000
$48,000,000
7
Hardware Value for Congressional Notification (line 2)
$21,000,000
8
Hardware Manufactured Abroad (Line 3 plus work done by
foreign licensees as result of the MLA. (MLA only)
$25,000,000
9
AGREEMENT TOTAL VALUE (Sum of lines 1, 6 & 8)
$74,000,000
10
Congressional Notification Value (Sum of lines 1, 7 & 8)
$47,000,000
Table 7.1 Valuation Table for a New Agreement
b. A Congressional Notification Value is required to be calculated for all agreements
8
Hardware Manufactured Abroad (Line 3 plus work done by
foreign licensees as result of the MLA. (MLA only)
$25,000,000
9
AGREEMENT TOTAL VALUE (Sum of lines 1, 6 & 8)
$74,000,000
10
Congressional Notification Value (Sum of lines 1, 7 & 8)
$47,000,000
Table 7.1 Valuation Table for a New Agreement
b. A Congressional Notification Value is required to be calculated for all agreement
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