The management of activities authorized under DDTC agreements is also essential. We often find that companies are not adequately prepared to deal with the complexities of tracking and calculating items, technologies and services traded under an approved agreement. There is no “one size fits all” method for monitoring and devaluing these agreements; On the contrary, an effective approach must be adapted to the specific activities authorized by the agreement. The scope of an approved agreement is generally exceeded in two ways: the value and scope of authorized access to technology. It is easy to understand how a chord can be exceeded in value, for example. B when goods are manufactured at a value greater than the permitted value under an agreement. Things become more complicated, especially when there is no effective method of devaluation of the agreement to track and evaluate the services provided or provided as part of an agreement. Similarly, the level of access to controlled technology authorized under an agreement is often exceeded. Several variables may take into account the difficulty of managing this aspect of an approved agreement, including the fluctuation of employees within your subsidiary or foreign partner, the poor IT control of controlled technology abroad, the lack of training and understanding within your foreign subsidiary or partner regarding the release and sharing of controlled technologies. , as well as all contractors or outsourced functions of your foreign partner. Among the penalties for its 131 alleged violations, L3Harris faces a civil fine of $13 million, of which $6.5 million may be suspended if the company puts the money into corrective compliance fees in accordance with the agreement. It is important to note that the penalties in the agreement apply to the “agents and successors” of the business, which means that the terms of the approval agreement apply to the buyer, even if the business is sold or is part of a merger. On September 19, 2019, the U.S.
Commercial Defence Controls Directorate (DDTC) entered into an approval agreement with L3Harris Technologies, Inc. (“L3Harris”) for alleged violations of the Arms Export Control Act (“AECA”) and the International in Traffic Arms Regulations (“ITAR”). L3Harris, an aerospace and defence technology company, allegedly committed offences involving the illicit export of defence goods and technical data, as well as an omission in the provision of accurate and comprehensive reports and licence violations1.