The exported copy is accompanied by a cover letter containing the applicant`s registration code, contract number and other relevant information. In addition, the cover letter for the exported LGG filing must also contain a copy of the license authorization as well as an original copy and an additional copy of the cover letter that was made after . 124.4 (b) (1) (4) contains the necessary information (for example. B the identity of the foreigner and the parties concerned, the descriptions and estimated value of the defence, restrictions on the transmission of third parties and other quantities of production and disposition). As noted in the Propositiond Charging Letter, L3Harris violated this requirement by failing to “present a written statement accompanying the LWG agreements concluded.” [11] The international Traffic in Arms Regulations (“ITAR”) agreements serve as a licensing tool for the transfer of defence, technical data, manufacturing know-how and defence services between a U.S. and a foreign party. Compliance with the requirements of these agreements is an important element of ITAR compliance, as evidenced by the most important recent approval agreement of L3Harris Technologies, Inc. (“L3Harris” or “The Enterprise”) with the U.S. State Department(“State” Directorate of Defense Trade Controls (DDTC).

ITAR approves three types of licensing agreements: 1) the Technical Assistance Agreement (“TAA”); 2) the Manufacturing License Agreement (“MLA”); and 3) the storage and distribution agreement (“WDA”); Collectively referred to as “ITAR agreements.” [1] [2] Definition of consent, sanctions and surveillance agreements, arms control directorate, www.pmddtc.state.gov/ddtc_public?id=ddtc_kb_article_page&sys_id=384b968adb3cd30044f9ff621f961941. The L3Harris agreement serves as a reminder to businesses, who participate in the production or export of defence-related products, that their export compliance programs should be holistic and will cover all potential rules regarding the trade of the agencies concerned, including, but without limitation, doD, DDTC, BIS, the Treasury Department of Foreign Asset Control, which manages U.S. sanctions rules, and the U.S. Census, which manages U.S. trade rules. The L3Harris agreement with DDTC offers five valuable takeaways for all defence exporters: on September 19, 2019, the U.S. Defence Controls Directorate (“DDTC”) entered into an agreement with L3Harris Technologies, Inc. (“L3Harris”) for alleged violations of the Arms Export Control Act (“AECA”) and the International Traffic in Arms (ITA). L3Harris, an aerospace and defence technology company, allegedly committed offences involving the unauthorized export of defence articles and technical data, as well as failure to provide accurate and complete reports and licensing violations. [1] DDTC found that the VODs submitted by L3Harris in response to the disclosure of DDTC were not mitigating because they were made in response to DDTC`s request.

In comparison, individuals presented by L3Harris for separate issues that were not initially addressed by DDTC were considered mitigating. This is an interesting aspect of this approval agreement, as DDTC`s attitude could ultimately deter companies from making voluntary returns after targeted disclosure.