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Alerts and Updates

State Department Issues Guidance on Licensing of Foreign Persons for Defense Services or Data Access

March 9, 2009

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On February 27, 2009, the U.S. Department of State, Directorate of Defense Trade Controls (DDTC) issued an updated guidance relating to the required prior authorization to hire foreign persons who will have access to technical data controlled by the International Traffic in Arms Regulations (ITAR) or who will perform defense services on behalf of an "employing U.S. person." The new comprehensive guidance provides instructions relating to the administrative licensing process and procedure to be followed with respect to "classified technology" and other "controlled technology" to foreign persons and its release. The guidance provides instructions for completing the various license applications; identifies the supporting documents that must be submitted with the license application and provides a required format for the Non-Disclosure Agreement that must be executed by the employer as well as the foreign person.

Further details can be obtained by visiting the DDTC website.

For Further Information

If you have any questions about this topic or would like more information, please contact Brian S. Goldstein, any member of the International Practice Group or the attorney in the firm with whom you are regularly in contact.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.