Technical Documents
In our globalized economy, there are many situations where companies want (or need) to share controlled technical data with a foreign person or provide defense services in a foreign country:
- To explore a possible joint venture
- To disclose information in an arbitration proceeding
- To perform joint research
- In a university, to allow a foreign graduate student to participate in sponsored research
- To utilize a foreign expert in designing a U.S. product
- To train a foreign customer to maintain and repair a controlled item
- To outsource production of U.S. articles to a foreign manufacturer
These situations call for specific documents that conform precisely to government requirements, covering the full scope of the information that the applicant wants to share yet also having the specificity that the regulatory agency (BIS or DDTC) demands. Such documents include:
- Technical Assistance Agreement (TAA)
- Manufacturing Licensing Agreement (MLA)
- Technology Control Plan (TCP)
CTP experts are often called in to write, review, or revise these important documents. We are well suited to assist: Our employees include engineers whose extensive technical experience equips them to define with precision the technical scope of the document, and also legal/regulatory specialists with deep experience in applying the ITAR and EAR while also keeping up to date on the nuances of current regulatory developments.
Voluntary Self-Disclosures (VSDs) are equally critical, made necessary when an exporter discovers it has committed a violation and wants to inform BIS or DDTC before their enforcement agents discover the violation.. The VSD increases the likelihood that the exporter will get only a warning or a significantly reduced penalty. But disclosure alone will not earn significant mitigation. You must also demonstrate that you have investigated why/how the violation happened, and that you have instituted compliance procedures to insure that it will not happen again. CTP experts can help companies in VSD situations in four ways:
- Clarify the current violation, including how and why it occurred
- Identify any other violations that may be occurring
- Define and deploy compliance solutions as needed
- Draft/edit the disclosure promptly, including the facts that will assure maximum mitigation
