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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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<p>On February 14, 2022, the Department of State&rsquo;s Directorate of Defense Trade Controls (DDTC) released <a href="https://filehost.thompsonhine.com/uploads/Guidelines_for_Preparing_Agreements_(Revision_5.0)_a277.pdf" target="_blank" rel="noopener">Revision 5.0</a> of its Guidelines for Preparing Agreements. Under the International Traffic in Arms Regulations (ITAR), an &ldquo;agreement&rdquo; approved by the Office of Defense Trade Controls Licensing (DTCL) is required for the provision of a defense service, transfer of manufacturing know-how or production rights, or establishment of a distribution point abroad. There are three types of agreements: Technical Assistance Agreements (TAAs), Manufacturing License Agreements (MLAs) and Warehouse and Distribution Agreements (WDAs). Activities that frequently require an agreement are:</p>
<ul>
<li>Supporting Direct Commercial Sales to Foreign Parties</li>
<li>Providing Overseas Maintenance or Training Support</li>
<li>Technical Studies, Evaluations, Demonstrations or Consultations with Foreign Parties</li>
<li>Release of Manufacturing Data or Rights</li>
<li>Efforts to Import Technology from Abroad</li>
<li>Supporting a Foreign Military Sales Case (Beyond scope of LOA)</li>
<li>Supporting U.S. Government-Sponsored Foreign Contracts</li>
</ul>
<p>For this 2022 update (Revision 5.0), DDTC notes that while &ldquo;the majority of the text remains unchanged,&rdquo; the revisions restructure the Guidelines in a more logical and orderly fashion, and that duplicative guidance has been removed or consolidated.</p>

DDTC Releases Updated “Guidelines for Preparing Agreements”

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