Revision 5.2 is an administrative revision which conforms the Agreement Guidelines with the new

• 126.7 Exemption for defense trade and cooperation among Australia, the United Kingdom, and the United States, implemented by 89 FR 67270, Aug. 20, 2024 (the “Australia/UK exemption rule”), effective on September 1, 2024. It also contains conforming revisions inadvertently omitted

in Revision 5.1, deletes the portions of Sections 8 and 15 that have moved to stand-alone web guidance, and updates Section 10.3 to conform with current DDTC practice.

This revision makes the following changes:

– All ITAR § 124.8(a)(5) references in the document have been revised to include reference to new ITAR § 126.7 to clarify that the exemption may be used to retransfer and reexport

defense articles pursuant to this exemption that were originally exported via an agreement*

– Modifies Sections 8 (Congressional Notification) and 15 (Exporting Hardware in Furtherance of Agreements) to remove guidance that has been moved to stand-alone web

documentation of Congressional Notification Guidance. General guidance on the Congressional Notification process formerly found in Version 5.1, Section 8, is now available here:

Home → Conduct Business → Congressional Notifications

o “In Furtherance Of” licenses. Guidance on the submission of IFO licenses is now available here:

Home → Conduct Business → Licenses, Agreements, and Other Authorizations →

License Guidance → License Applications in Furtherance of (IFO) an Agreement

– Modifies Section 10.3 (Requests for DDTC Vetting of § 126.1 Nationals) to conform with current DDTC practice of requiring names for all § 126.1 dual and third country nationals

(DN/TCN) when DDTC vetting is requested – Clarifies that the requirement to identify end-use platforms includes end-use systems and variants

– Clarifies that end-use platforms and end-use systems, including variants, must be included in the description in block 20 of the DSP-5 vehicle

– Reconciles the “Contract Employee” clause in Section 11.3 (Agreement Language for Non-Regular Contract Employees) with the clause in Section 2.2 ((TAA/MLA Template).

– Reconciles the “Expedited Execution” clause in Section 2.2 (TAA/MLA Template) with the clause in Section 13.1 (Expedited Execution)

– Corrects minor typographical errors found in Revision 5.1 (Uploading Submission

Documents)

*Agreements must conform to the ITAR §124.8(a)(5) statement’s current language at the next amendment, whether major or minor. Note that parties to an agreement MAY NOT use the ITAR §126.7 exemption to reexport or retransfer defense articles originally exported via an agreement unless the agreement has been updated. Refer to the applicable FAQ.