Due to the US Export Control Reform, all Technical Assistance Agreements (TAAs) and Manufacturing License Agreements (MLAs) for USML Category XI may expire at the end of the year. Review all of your TAAs and MLAs as soon as possible.
In 2014, the US Department of State re-wrote Category XI, Military Electronics, of the United States Munitions List (USML) of the International Traffic in Arms Regulations (ITAR). Certain items previously captured in USML Category XI transitioned to the Commerce Control List (CCL) of the Export Administration Regulations (EAR). The effective date of transition was December 30, 2014. These "transitioning items" most likely transitioned to the 600-series of the CCL, in particular Export Control Classification Number (ECCN) 3A611 for military electronics.
USML Category XI is especially important because many TAAs or MLAs containing other programs may also contain military electronics.
What Does This Mean to You, the Exporter?
All DSP-5 licenses and other export authorizations (excluding agreements) containing transitioning items approved before December 30, 2014 are valid for the length of time listed on the license, most likely 48 months. All ITAR agreements containing transitioning items will most likely expire no later than three years from the transitioning date, according to Section 20 of the Guidelines for Preparing Agreements published by the Directorate of Defense Trade Controls (DDTC).
Accordingly, if you have an active TAA or MLA containing USML Category XI transitioning items approved before the transitioning date, your agreement is set to expire on December 30, 2017. This fast-approaching expiration date applies regardless of the expiration date written on the TAA or MLA approval. You can extend the expiration date using a minor amendment that clarifies the transitioning items, but you must do so before the end of this year.
We recommend reviewing all of your TAAs and MLAs to determine if you have any items in USML Category XI. You can then determine if you still need these agreements and any course of action you should take to extend their expiration beyond December 30, 2017.
TAAs and MLAs containing items in the other USML Categories may have already expired and will require further approval if still needed.