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22 cfr 124
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22 cfr 124

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Questions and Answers

What must a U.S. person do before providing defense services described in § 120.32 of this subchapter?

  • Submit a proposed agreement to the Directorate of Defense Trade Controls (correct)
  • Seek approval from the Department of Defense
  • Enter into force without any approval
  • Obtain a manufacturing license agreement
  • What types of agreements are generally characterized in the text?

  • Loan agreements, partnership agreements, merger agreements, or acquisition agreements
  • Consulting agreements, marketing agreements, service agreements, or research agreements
  • Manufacturing license agreements, technical assistance agreements, distribution agreements, or off-shore procurement agreements (correct)
  • Insurance agreements, leasing agreements, rental agreements, or sales agreements
  • When can the defense services described in the approved agreements be provided?

  • Without any form of approval or licensing
  • After obtaining approval from the Department of Defense
  • Without further licensing in accordance with specific sections of the subchapter (correct)
  • Only after receiving explicit authorization from the President
  • What is a key requirement for entering into force for the agreements described in the text?

    <p>Prior written approval from the Directorate of Defense Trade Controls</p> Signup and view all the answers

    What type of data does this section apply to according to the text?

    <p>Technical data to be disclosed or used in the performance of defense services</p> Signup and view all the answers

    Which U.S. entity must provide a proposed agreement for approval before furnishing defense services?

    <p>The U.S. person</p> Signup and view all the answers

    What is required for an agreement to enter into force according to the text?

    <p>The approval of the U.S. Department of State</p> Signup and view all the answers

    What happens if any liability arises in connection with patent or proprietary rights?

    <p>It will not be attributed to the U.S. Government</p> Signup and view all the answers

    What is a restriction on transferring technical data or defense service according to the text?

    <p>Transfer is allowed only with U.S. Government's prior written approval</p> Signup and view all the answers

    What is agreed upon regarding sales by licensee under contracts made through the U.S. Government?

    <p>Charges for patent rights are excluded</p> Signup and view all the answers

    What is required for any charges relating to technical assistance or know-how when the U.S. Government has made financial contributions?

    <p>They must be proportionately reduced</p> Signup and view all the answers

    Which entity will consider approving the provision of defense services described in § 120.32 of this subchapter?

    <p>The Directorate of Defense Trade Controls</p> Signup and view all the answers

    What type of amendments must be submitted for approval?

    <p>Minor administrative amendments that do not affect the agreement duration or clauses</p> Signup and view all the answers

    In what exceptional cases will the Directorate of Defense Trade Controls consider approving the provision of defense services?

    <p>Upon written request</p> Signup and view all the answers

    According to § 124.2, what types of training are exempt from requiring technical assistance agreements?

    <p>Training in basic operation and maintenance of defense articles</p> Signup and view all the answers

    Which countries are exempt from requiring technical assistance agreements for maintenance training according to § 124.2(c)?

    <p>NATO countries, Australia, Japan, and Sweden</p> Signup and view all the answers

    What entities receive copies of approved agreements involving the release of classified defense articles?

    <p>The Defense Security Service</p> Signup and view all the answers

    What is required before amendments may enter into force according to the text?

    <p>Approval by the Directorate of Defense Trade Controls</p> Signup and view all the answers

    What type of maintenance can be performed under the defense service exemption?

    <p>Enhancements or improvements in reliability or maintainability only</p> Signup and view all the answers

    Which category of defense articles is explicitly excluded from the defense service exemption for maintenance training?

    <p>Missile Technology Control Regime Annex Items</p> Signup and view all the answers

    For which countries are foreign persons eligible to receive technical data or maintenance training under the exemption?

    <p>NATO countries, Australia, Japan, and Sweden</p> Signup and view all the answers

    What is required for the export of classified information under an approved manufacturing license or technical assistance agreement?

    <p>Approval from the Directorate of Defense Trade Controls</p> Signup and view all the answers

    Which elements are excluded from the export of unclassified technical data without a license?

    <p>Technical data exceeding the scope of the relevant agreement</p> Signup and view all the answers

    What must be filed with the Directorate of Defense Trade Controls within 30 days after a manufacturing license or technical assistance agreement enters into force?

    <p>One copy of the concluded agreement</p> Signup and view all the answers

    Which type of software documentation is explicitly excluded from supporting technical data that must be unclassified?

    <p>.NET source code</p> Signup and view all the answers

    What category of items do Gas turbine engine hot sections fall under?

    <p>(v) Gas turbine engine hot sections covered by Category XIX(f)</p> Signup and view all the answers

    Which category covers Naval nuclear propulsion equipment?

    <p>(iv) Naval nuclear propulsion equipment listed in USML Category VI and USML Category XX</p> Signup and view all the answers

    Which category is associated with Firearms listed in Category I and ammunition listed in Category III?

    <p>(ii) Firearms listed in Category I; and ammunition listed in Category III for the firearms in Category I;</p> Signup and view all the answers

    What is required to be provided to the Directorate of Defense Trade Controls when offshore procurement is accepted?

    <p>A copy of each contract, purchase order, or subcontract</p> Signup and view all the answers

    What must each contract, purchase order, or subcontract for offshore procurement clearly identify?

    <p>The article to be produced</p> Signup and view all the answers

    When must licenses issued for offshore procurement be renewed?

    <p>Before their expiration if procurement is extended</p> Signup and view all the answers

    What is the specific purpose that must be stated on a license for offshore procurement?

    <p>'For offshore procurement in accordance with ITAR conditions'</p> Signup and view all the answers

    What does the text state should be done if the technical data involved in offshore procurement is exempt from licensing requirements?

    <p>Include the exemption details in the DSP-5 form</p> Signup and view all the answers

    Which entity maintains control over granting approval for offshore procurement agreements?

    <p>The Directorate of Defense Trade Controls</p> Signup and view all the answers

    What must be included in all proposed manufacturing license agreements and technical assistance agreements?

    <p>Description of the defense articles to be exported</p> Signup and view all the answers

    When must the Directorate of Defense Trade Controls be notified in writing if an agreement is not concluded within one year?

    <p>Within 60 days of the date of approval</p> Signup and view all the answers

    What information must accompany filing of concluded agreements involving coproduction or licensed production outside of the United States?

    <p>Identity of foreign countries involved</p> Signup and view all the answers

    If a decision is made not to conclude a proposed manufacturing license agreement, how soon must the Directorate of Defense Trade Controls be informed?

    <p>Within 60 days</p> Signup and view all the answers

    What should be included in all proposed manufacturing license agreements and technical assistance agreements?

    <p>Description of defense articles to be manufactured and all articles to be exported</p> Signup and view all the answers

    What should a written statement accompanying filed concluded agreements include?

    <p>Identity of the foreign countries involved</p> Signup and view all the answers

    When should the U.S. party inform the Directorate of Defense Trade Controls about the impending termination of an agreement?

    <p>Not less than 30 days prior to expiration</p> Signup and view all the answers

    Who is obligated to provide an annual report of sales or other transfers pursuant to the agreement mentioned in the text?

    <p>The licensee</p> Signup and view all the answers

    What may charges be made for according to the text?

    <p>Reasonable reproduction costs</p> Signup and view all the answers

    What must be executed before any transfer of significant military equipment takes place?

    <p>A Nontransfer and Use Certificate (DSP-83)</p> Signup and view all the answers

    Which party can submit the reports indirectly through the licensor?

    <p>The licensee</p> Signup and view all the answers

    What is controlled by the U.S. government and authorized for export according to the agreement?

    <p>Licensed articles</p> Signup and view all the answers

    Who must sign the Nontransfer and Use Certificate (DSP-83) for agreements involving classified articles?

    <p>Applicant and foreign party</p> Signup and view all the answers

    What must be obtained before entering into a commitment for the transfer of licensed articles to any person outside the approved sales territory?

    <p>Government approval</p> Signup and view all the answers

    What must be included in the agreement according to the text?

    <p>Identification of the U.S. Government office that classified the information</p> Signup and view all the answers

    Which statement must be made in the letter of transmittal for the proposed agreement?

    <p>Commitment to inform Department of State about expiration</p> Signup and view all the answers

    What does the agreement mentioned in the text require regarding sub-licensing?

    <p>The basic agreement provisions must be included in all sub-licensing arrangements</p> Signup and view all the answers

    What role does the Defense Security Service play in agreements requiring export of classified information?

    <p>Providing facility security clearance codes</p> Signup and view all the answers

    What is a key requirement for offshore procurement of defense articles?

    <p>Returning technical data upon fulfillment of terms</p> Signup and view all the answers

    What does an approved agreement allow in terms of defense services provision?

    <p>Limited delivery only to U.S. person or U.S. Government agency</p> Signup and view all the answers

    What is a requirement for offshore procurement related to disclosure of technical data?

    <p>Prohibition on sharing technical data with other subcontractors within the same country</p> Signup and view all the answers

    What does an applicant commit to regarding a proposed agreement's entry into force?

    <p>Waiting for Department of State approval before allowing entry into force</p> Signup and view all the answers

    What is one provision required for subcontracts between foreign persons for offshore procurement?

    <p>Incorporating limits and provisions similar to those in the original contract or purchase order involving U.S. persons</p> Signup and view all the answers

    What does an applicant need to do if a decision is made not to conclude a proposed agreement?

    <p>Inform Department of State within 60 days from signing date</p> Signup and view all the answers

    When must a required DSP-83 and/or diplomatic note be submitted to the Directorate of Defense Trade Controls?

    <p>Along with any signed agreement, regardless of the signing status of all parties</p> Signup and view all the answers

    What must happen before an approval of a manufacturing license agreement or technical assistance agreement can be granted for significant military equipment?

    <p>The Congress must receive a certification as required by the Arms Export Control Act</p> Signup and view all the answers

    In what circumstances may an approval of an agreement be granted immediately without waiting for 15 calendar days?

    <p>If the agreement involves North Atlantic Treaty Organization member countries</p> Signup and view all the answers

    What information must be included in an explanatory letter accompanying an application for a manufacturing license or technical assistance agreement?

    <p>Military security classification of the equipment or technical data</p> Signup and view all the answers

    When must a certification be provided to the Congress as required by the Arms Export Control Act?

    <p>Before any export of major defense equipment occurs</p> Signup and view all the answers

    What is a key requirement before providing defense services under certain circumstances as described in the text?

    <p>Notifying the Directorate of Defense Trade Controls in writing</p> Signup and view all the answers

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